expectancy damages

• Stephenson v. Upper Valley Family Care, Inc., (Ohio 2010)

Trial court erred in allowing defendant-physicians to argue that their delay in diagnosing plaintiff with cystic fibrosis did not cause any loss of life expectancy during retrial on damages only. The jury in the first trial entered a general verdict in favor of plaintiff, and the jury specifically found in an interrogatory that defendants had proximately caused plaintiff’s “claimed injuries.” Judgment reversed and matter remanded for a new trial on damages for reduced life expectancy only.

• Ohio Supreme Court

• Illinois Appellate Court Rules Decreased Life Expectancy Is Compensable

A plaintiff may recover for decreased life expectancy as an independent element of damages, the Illinois Appellate Court has ruled. The parents of a child born with hypoglycemia sued his doctors and the hospital where he was born after the child was discharged despite his failure to feed normally and his low body temperature.

• Lawyers USA
• January 03, 2008

• Miller v. Lindsay-Green, Inc., (Ohio 2005)

Because the employment agreement was only partially integrated, plaintiff-appellee could introduce parol evidence regarding the duration of his employment. Any error in denying defendant-appellant's summary judgment motion is moot because the jury's verdict in favor of plaintiff on his promissory estoppel claim was supported by evidence that he detrimentally relied upon the hirer's promise of ten-years' employment. Because the handbook acknowledgment did not constitute a contract, the parol evidence rule did not prevent the introduction of evidence of the hirer's oral ten-year promise. Plaintiff did not waive his right to ten years of employment by signing a handbook acknowledgment that included an at-will disclaimer. The jury's damages award for breach of contract was not the resul...

... in instructing the jury solely on expectancyand not reliancedamages. Finally, Lindsay-Green argue...

• Ohio Supreme Court

• Core Components in Estimating Economic Damages for Individuals

Estimating economic damages is a type of litigation service provided by CPAs that utilizes a blend of accounting, economics, and finance, focusing largely on time-value-of-money concepts and analytical skills. A fact-finding questionnaire is an efficient way to gather the necessary data to estimate economic damages. The type of information requested often includes personal information, preinjury/death employment and earnings information, fringe benefits received, postinjury earnings and the likelihood of future employment, and household services provided before the injury/death and after the injury. Analyses prepared by medical experts must also be examined for factors that affect life expectancy; if life expectancy is reduced because of an accident, a CPA needs to consider the reduced ...

• CPA Journal, The
• Vol. 79 Nbr. 2, February 2009

• Anchor Savings Bank FSB v. U.S., (2010)

... court then conducted a five-week trial on damages. Following the trial, the court entered an award ...'s purchase of NAMCO to replace RFC; expectancy damages for stock proceeds Anchor would have rec...

• United States Court of Appeals for the Federal Circuit

• Lost profits for breach of contract: would the court of appeals apply the second circuit's analysis?

... claim may recover benefit of the bargain damages to put it in the position it would have enjoyed ha...If plaintiff cannot recover the expectancy damages of lost profits, it still might be able to...

• Albany Law Review
• Vol. 74 Nbr. 2, January 2011

• Info. Leasing Corp. v. Pall, Inc., (Ohio 2004)

The proper measure of damages for breach of a finance lease involving a repossessed ATM, which was then sold by the lessor, is set forth in R.C. 1310.74: The damages include the lessor’s expectancy interest measured by the present value of future rent under the remaining term of the lease minus the present value of the market rent over the same lease term; the trial court therefore erred by failing to award the plaintiff-lessor’s expectancy interest employing this measure.

• Ohio Supreme Court

• Stern v. Marshall, 564 U.S. (2011)

... action, meaningthat he sought to recover damages for it from Vickie'sbankruptcy estate. See §501... interference, (1)the existence of an expectancy of a gift; (2) a reasonablecertainty that the expe...

• U.S. Supreme Court

• Roll v. Edwards, (Ohio 2004)

Probate court lacks jurisdiction to hear claim for intentional interference with expectancy of inheritance. A claim for intentional interference with expectancy of inheritance may not be pursued if an adequate remedy is available to the plaintiff through probate procedures such as a will contest. Unless and until the probate court rules against plaintiffs in their pending will contest action, they have suffered no damages which would entitle them to recovery in their claims for intentional interference with expectancy of inheritance and promissory estoppel before the court of common pleas, general division. Accordingly, these claims are not yet ripe for judicial review.

• Ohio Supreme Court

• Westerbeke Corporation, Petitioner-Appellant, v. Daihatsu Motor Co., Ltd., Respondent-Appellee., 304 F.3d 200 (2nd Cir. 2002)

... district court held that, by awarding expectancy damages for a breach of a preliminary agreement, t...

• Federal Circuits