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“A Defendant whose wrongful conduct has rendered
difficult the ascertainment of the precise damages
suffered by the plaintiff, is not entitled to complain that
they cannot be measured with the same exactness and
precision as would otherwise be possible.”
Eastman Kodak Co., v. Southern Photo Materials Co., 1927
Litigation and settlement negotiations often entail the valuation of competing damage claims. Damages can typically be thought of as the financial difference between what “would have” happened but for an allegedly wrongful act and what actually happened. Accordingly, damage estimation usually involves both theoretical construction of events that never occurred and accurate assessment of what did occur. Economic damage claims can only be evaluated and analyzed using economic analysis.EI economists and financial analysts combine the skills needed to estimate damages and present the results in court or settlement negotiations. They use economic modeling, econometric estimation, and accounting techniques to produce sound and understandable presentations.EI personnel have analyzed damage claims and presented testimony relating to damages in federal and private antitrust cases, Lanham Act cases, breach of contract cases, breach of fiduciary duty cases, and other civil litigation matters.
EI’s damage analyses have proved persuasive in numerous matters such as these:
USFL v. NFL
Home Shopping Network v. GTE
Alpo v. Ralston Purina
R&D Business Systems, et al., v. Xerox Corporation
Oncor and VAC v. AT&T
Robert H. Kressin v. Bell Atlantic Mobile Systems, Inc.
Trans-Alaska Pipeline Liability Fund
Lunkenheimer v. PGL/Tomkins
McNeil v. National Football League
Folger Adam v. PMI Industries, Inc., et al.
Cool Light Company, Inc., v. GTE Products Corporation
Telecell Cellular, et al., v. GTE Mobilnet
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