Lost Earnings Claim Getting Way More Press Than it Deserves
Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity. However, it appears that...
View ArticleThe Appropriate Discount Rate in a Lost Earnings Claim
Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to...
View ArticleMedical Diagnostic Errors are the Primary Cause of Malpractice Claims
Based on a Johns Hopkins University study, a prior blog post provides some alarming statistics on surgical “never events” (a term used in the medical community to describe a preventable surgical event...
View ArticleStatistical Sophistication Would Have Provided a Different Liability Answer
Economists and other financial experts are often hired to assess damages, assuming liability. However liability can sometimes be established or disproven based on statistics. For example, in a...
View ArticleStates Continue to Search for Ways to Save on Judicial Resources
Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved. The states’ judiciary systems are just one of the many; attempting to save...
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Federal Circuit Allows Flexibility in Determining Royalty Rate
The US Court of Appeals for the Federal Circuit’s recent decision in Exmark Manufacturing Company v. Briggs & Stratton Power Products Group, LLC (January 2018) validates that there is no clear-cut...
View ArticleCalculate Economic Damages Associated with Lost Earnings Claims Accurately...
Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts. Independent damages experts...
View ArticleCalculating Future Lost Earnings with No Earnings History
One common point of disagreement amongst opposing sides of a lost earnings case is future earnings, especially when the claimant has no meaningful earnings history. This typically occurs in personal...
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Valuing Higher Education in Lost Income Claims
4.1.1 A typical lost earnings analysis endeavors to value the personal income that was lost due to injury or loss of employment opportunities. This is more challenging when income is not yet...
View ArticleHistoric Material Adverse Effect (MAE) Ruling Illustrates Ways to Establish One
In December 2018, the Delaware Supreme Court upheld a judgement in the matter of Akron, Inc. v. Fresenius Kabi AG wherein the Court of Chancery for the first time ever found that a “Material Adverse...
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