Speculative Damages

542 Florida cases classified under this topic, plus 11 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Compressed GAS Corp., Inc. v. United States Steel Corp. & Jack B. Kelley, Inc.
  857 F.2d 346· 6th Cir.· 1988-09-21 ·cited 2×
  The court held that the jury was improperly allowed to find against defendants on fraudulent misrepresentation and lost profits, and that the damages award must be vacated.
• Gallagher v. Duke Univ.
  852 F.2d 773· 4th Cir.· 1988-07-28 ·cited 2×
  A claim for medical malpractice based on wrongful conception is cognizable under North Carolina law, and parents can recover extraordinary medical expenses for a child born with genetic defects. Claims for emotional distress are also permissible.
• Matson Plastering Co., Inc. v. Plasterers & Shophands Local NO. 66
  852 F.2d 1200· 9th Cir.· 1988-07-27 ·cited 2×
  The court held that section 303 of the Labor Management Relations Act limits remedies to actual damages and does not permit rescission of a collective bargaining agreement or recovery of 'excess wages' or speculative lost profits.
• LoCASTRO v. Ruane
  525 So. 2d 500· Fla. 5th DCA· 1988-05-26 ·cited 2×
  The Ruanes sued LoCastro for damages from restaurant renovations and obtained a $28,000 jury verdict. The court reversed and remanded for a new trial on damages, finding the verdict was based on speculation and conjecture rather than documented evidence of actual expenditures.
• Danford Evan Bodrug & Nat'l Tr. Co. v. United States & Fed. Aviation Admin.
  832 F.2d 136· 10th Cir.· 1987-10-29 ·cited 2×
  The court held that damages for loss of prospective inheritance are available under both Utah and Montana law, and affirmed the trial court's damage award as not clearly erroneous.
• Baker v. The Kroger Co.
  784 F.2d 1172· 4th Cir.· 1986-02-27 ·cited 2×
  The court held that expert testimony regarding the plaintiff's future lost earning capacity was too speculative and should not have been presented to the jury, requiring reversal of the damages award.
• Collier v. Hoisting & Portable Eng'rs Local Union NO. 101
  761 F.2d 600· 10th Cir.· 1985-05-07 ·cited 2×
  The court held that there was sufficient evidence of an illegal secondary purpose for the picketing to support the jury's verdict, but the proof of future damages was speculative.
• Campagna Constr. Co. v. Riverview Condo. Corp.
  467 So. 2d 807· Fla. 3d DCA· 1985-04-23 ·cited 2×
  Campagna Construction and its owner appealed a default judgment and damages award entered against them in a construction defect case involving a condominium complex. The appellate court affirmed, finding no reversible error in the trial court's striking of pleadings, default entr
• Schwartz v. Slawter
  751 F.2d 317· 10th Cir.· 1984-12-21 ·cited 2×
  The court held that the district court correctly applied the parol evidence rule to bar evidence of a prior agreement contradicting the integrated escrow agreement, and that the plaintiff failed to prove damages with reasonable certainty using speculative 'pink sheet' stock quota
• John E. Green Plumbing & Heating Co., Inc. v. Turner Constr. Co.
  742 F.2d 965· 6th Cir.· 1984-08-29 ·cited 2×·via Speculation And Conjecture In Damages
  The court held that the 'no-damage-for-delay' clause in the construction contract did not bar claims for damages caused by Turner's hindrances, but affirmed the judgment because the plaintiff failed to adequately prove its damages.
• Ernestine Atkins v. Robinson
  733 F.2d 318· 4th Cir.· 1984-04-30 ·cited 2×
  The court held that VHDA and HUD were not liable for discrimination because they lacked knowledge of the County's discriminatory intent when making funding decisions, and that damages were not warranted due to the speculative nature of the project's funding absent the veto.
• Clayton Ctr. Assocs. v. Schindler Haughton Elevator Corp.
  731 F.2d 536· 8th Cir.· 1984-04-02 ·cited 2×
  The court held that the district court erred in granting a directed verdict for the defendant because the plaintiff presented sufficient evidence of damages to allow the case to go to the jury.
• Booker v. Ralston Purina Co., Inc.
  699 F.2d 334· 6th Cir.· 1983-02-10 ·cited 2×
  The court held that damages for breach of contract must be ascertainable and not speculative, rejecting claims for lost profits, foregone opportunity, or rental value beyond royalties on actual sales.
• Sonny Otero v. Buslee
  695 F.2d 1244· 10th Cir.· 1982-12-13 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying a protective order for depositions after the discovery deadline had passed, and that the earnest money deposit should be deducted from the awarded damages.
• Mason City Ctr. Assocs. & Beaver Farms, Inc. v. The City OF Mason City
  671 F.2d 1146· 8th Cir.· 1982-03-01 ·cited 2×
  The court affirmed the dismissal of the antitrust claims but reversed the jury's award of damages on the City's counterclaim, finding the damages speculative.
• MSP Collaborative Developers v. Fid. & Deposit Co. OF Md. & Ray J. Benoit & Son, Inc.
  596 F.2d 247· 7th Cir.· 1979-04-18 ·cited 2×
  The court affirmed the district court's confirmation of the arbitration award, finding no manifest disregard of the law by the arbitrator.
• Snavely v. Lang
  592 F.2d 296· 6th Cir.· 1979-01-29 ·cited 2×
  The court held that damages for loss of use are not recoverable for a pleasure boat, as such loss constitutes mere inconvenience, not pecuniary loss, absent proof of commercial capability.
• Floyd v. Segars
  572 F.2d 1018· 5th Cir.· 1978-05-08 ·cited 2×
  The court held that the district court did not err in finding that Segars breached the contract and in ordering specific performance of the stock transfer, as damages would be speculative and the stock unique.
• Alderson v. Miami Beach Kennel Club, Inc.
  336 So. 2d 477· Fla. 3d DCA· 1976-08-17 ·cited 2×
  Appellant sued for breach of a greyhound racing contract after the appellee refused to allow him to race during the 1970 season. The trial court granted a directed verdict for the appellee, finding appellant's proof of damages was too speculative. The appellate court affirmed, ho
• D'Ambra v. United States
  518 F.2d 275· 1st Cir.· 1975-06-23 ·cited 2×
  A mother who witnesses her child's death due to negligence can recover for negligent infliction of emotional distress, even without physical impact or being in the zone of danger. Damages for psychological conditions resulting from such trauma are not inherently too speculative.
• Speight v. Kirby
  204 So. 2d 543· Fla. 1st DCA· 1967-12-05 ·cited 2×
  The court held that there was sufficient evidence to support the jury's verdict and that the trial court did not err in its rulings on evidence, jury instructions, or in finding certain statements libelous per se.
• United States to the Use of Standard OIL Co. OF Cal. v. Natt McDOUGALL Co.
  381 F.2d 686· 9th Cir.· 1967-08-09 ·cited 2×
  The court held that an erroneous jury instruction regarding superseding negligence prejudiced Harms, requiring a new trial on damages exceeding the initial amount. Standard's appeal regarding damages was denied.
• McMANUS v. Midland Valley Lumber Co.
  348 F.2d 898· 4th Cir.· 1965-07-14 ·cited 2×
  The court held that while the defendant's breach made damages estimation necessary, the trial court's findings were insufficiently detailed for appellate review, requiring remand.
• Rimmeir v. Dickson
  107 So. 2d 372· Fla.· 1958-12-03 ·cited 2×
  The Florida Supreme Court reversed a damages award in a trademark/unfair competition case, finding that the plaintiffs failed to prove specific damages with sufficient evidentiary support. The court held that both the lost profits claim and the goodwill dilution claim were based
• W. Union Tel. Co. v. R. J. Jones & Sons
  211 F.2d 479· 5th Cir.· 1954-03-19 ·cited 2×
• Sinclair Ref. Co. v. Gutowski
  195 F.2d 637· 6th Cir.· 1952-04-03 ·cited 2×
  The court held that the jury could reasonably infer that the appellant's agents had the authority to orally lease the service station, and that the oral lease for one year was not barred by the Statute of Frauds.
• Magnum Constr. Mgmt. Corp. v. The City OF Miami Beach
  209 So. 3d 51· Fla. 3d DCA· 2016-12-14 ·cited 1×
  Magnum Construction Management Corp. appeals a judgment finding it liable for playground and landscaping defects at South Pointe Park. The appellate court reversed the playground liability because the City failed to provide the contractually required opportunity to cure, and reve
• 800 Adept, Inc. v. Murex Sec., Ltd.
  505 F. Supp. 2d 1327· M.D. Fla.· 2007-04-12 ·cited 1×
  The court granted a permanent injunction against further patent infringement but denied prejudgment interest on state law claims due to an unclear damages calculation and on patent claims due to undue delay. Enhanced damages were awarded due to willful infringement.
• The Republic OF Venezuela v. Philip Morris Cos., Inc.
  827 So. 2d 339· Fla. 3d DCA· 2002-09-30 ·cited 1×
  Venezuela sued major U.S. and British tobacco companies to recover healthcare costs incurred from treating smoking-related illnesses in its citizens. The Florida appellate court affirmed dismissal, holding that a foreign government cannot bring a direct, independent action agains
• Resolution Tr. Corp. v. Stroock & Stroock & Lavan
  853 F. Supp. 1422· S.D. Fla.· 1994-05-25 ·cited 1×
  Summary judgment is granted because the plaintiff's damage theories, both for junk bond investments and the sub debt offering, are based on speculation and lack sufficient proof of causation and calculable damages under Florida law.
• Overseas Private Inv. Corp. v. Metro. Dade Cnty.
  1993 U.S. Dist. LEXIS 9823· S.D. Fla.· 1993-05-27 ·cited 1×
  The court denied Dade County's motions for judgment notwithstanding the verdict and for a new trial, finding sufficient evidence supported the jury's verdict and damages award.
• Carey F. Sharp v. United Airlines, Inc.
  967 F.2d 404· 10th Cir.· 1992-06-17 ·cited 1×
  Former airline employees lack standing to bring federal and state antitrust claims because their alleged injuries are indirect, speculative, and not the type intended to be redressed by antitrust laws. State law claims for breach of contract and tortious interference also fail.
• Travelers Ins. Co. v. D & D Contracting
  962 F.2d 971· 10th Cir.· 1992-04-20 ·cited 1×
  The court held that the insured failed to provide sufficient proof of an agreement for increased insurance coverage or of the business interruption claim.
• Platte' v. Whitney Realty Co., Inc.
  538 So. 2d 1358· Fla. 1st DCA· 1989-02-28 ·cited 1×
  Don and Linda Platte appealed a summary judgment dismissing their claims against Whitney Realty for intentional interference with business relationships and libel. The court reversed the summary judgment, holding that the plaintiffs' inability to identify a specific prospective p
• PRN OF Denver, Inc. v. Arthur J. Gallagher & Co.
  531 So. 2d 1001· Fla. 3d DCA· 1988-09-20 ·cited 1×
  PRN of Denver sued its insurance agent Gallagher for tortious interference with its business relationship with Larkin Hospital after Gallagher wrongfully notified Larkin that Denver's malpractice insurance had been cancelled, causing Larkin to terminate Denver's nursing services.
• Diane Mfg. Co. v. Sheffield Indus., Inc.
  514 F. Supp. 185· S.D. Fla.· 1981-04-30 ·cited 1×
  The court held that the exclusion of evidence regarding lost profits was proper because the defendant failed to establish a causal connection and the damages were too speculative.
• Materials OF Miami, Inc. v. Matthews
  227 So. 2d 524· Fla. 3d DCA· 1969-11-04 ·cited 1×
  The appellate court affirmed the trial court's order granting a new trial on damages, finding no abuse of discretion.
• Sanchez v. Crandon Wholesale Drug Co.
  194 So. 2d 646· Fla. 3d DCA· 1967-01-31 ·cited 1×
  The court held that the products hazard exclusion clause did not apply to an accident caused by a manufacturing press, even if the insured assisted in its installation and quality control, because the press itself was not a product of the insured.
• Balentine v. Houtz
  Del. Super. Ct.· 2026-01-30
  In this negligence case arising from a motor vehicle accident, the court denied defendants' motion in limine to preclude plaintiff from introducing special damages at trial. The court held that although plaintiff failed to timely respond to a Rule 9(g) demand for itemization of s
• McCoy v. Lowe's Home Ctrs., LLC
  M.D. Fla.· 2025-10-30
  The court held that the defendant failed to meet its burden of proving diversity jurisdiction because the amount in controversy was not plausibly established.
• Int'l Rail P'rs, LLC v. Am. Rail P'rs, LLC
  Del. Ch.· 2025-03-31
  The court held that while the sellers breached the settlement agreement by failing to disclose the full value of Macquarie's bid (specifically, the benefit of retaining insurance claim proceeds), they did not breach the implied covenant of good faith and fair dealing. The court f
• The Filta Grp., Inc. v. Garry
  M.D. Fla.· 2025-03-28
  The court adopted the magistrate judge's recommendation to award lost royalties but denied other damages and an asset freeze, finding them speculative or unsupported.
• Aspire Health P'rs, Inc. v. Aspire MGT LLC
  M.D. Fla.· 2025-02-13
  The court granted in part and denied in part the defendant's motion for a security bond, ordering the plaintiff to post a $350,000 bond.
• PainTEQ, LLC v. Omnia Med., LLC
  M.D. Fla.· 2024-10-21
  PainTEQ, LLC and Omnia Medical, LLC, former business partners in the surgical device industry, engaged in a patent, copyright, and trademark dispute following the termination of their distribution agreement and PainTEQ's development of a competing surgical cannula product. The co
• Eran Fin. Servs., LLC v. Eran Indus. Ltd.
  S.D. Fla.· 2024-10-02
  The court granted in part and denied in part various motions in limine, precluding certain evidence and arguments from trial, particularly concerning damages, undisclosed intellectual property, and partnership theories.
• Data Logger Solutions, LLC v. Digi Smartsense, LLC
  Del. Super. Ct.· 2024-09-18
  The court granted the defendant's motion for remittitur, reducing the jury's award for future commissions from $10,000,000 to $3,359,592, because the larger amount was speculative and not supported by expert testimony. The court denied the plaintiff's motion for attorney's fees,
• Mecca v. Berk
  Fla. 4th DCA· 2024-09-11
  In this fraud case arising from a failed real estate transaction, appellants sued non-contracting parties for fraudulent inducement that led to a breach of contract lawsuit against them by ESJ Realty. The trial court granted summary judgment for appellees, finding no recoverable
• Anderson v. Amazon.Com Servs. LLC
  M.D. Fla.· 2024-08-01
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional minimum at the time of removal.
• Horowitz v. Allied Marine, Inc
  S.D. Fla.· 2024-07-08 ·via Speculation And Conjecture In Damages
  The court denied the defendant's motion for a new trial, finding the jury's damages award was supported by the evidence and within a reasonable range. The court also addressed cross-motions to tax costs.
• Johnson Bros. Corp. v. WSP USA, Inc.
  M.D. Fla.· 2024-06-25
  The court held that expert testimony must be based on reliable methodology and relevant to the facts, excluding opinions that are speculative, legal conclusions, or duplicative.