Breach of Contract
Unreliable data not proof enough
A mail order company sued a fruit cooperative for breach of an exclusive contract, asking for damages in excess of $2 million. The cooperative was found liable during the first phase of the trial. However, during the damages phase, a judgment of no cause for action regarding damages, was entered.
In his decision, the judge stated, "Mr. Havard described the plaintiff's lost profits chart as 'totally unrealistic.' He said there is not one single number on that chart that is accurate.....in fact, it was established that some of the data was unaudited and unreliable. Mr. Havard testified that he was able to work backwards with known data which destroyed the validity of the lost profits calculations."
Breach of Contract
A farmer's lost profits
Under Judge William C. Buhl in the Circuit Court of Van Buren County, Mr. Havard was instrumental in helping an attorney's client receive the largest jury award by that court as of the date of judgment. A farmer was given a contract by a large national vegetable company to haul a processing by-product away from its plant. Barely into its ten-year contract, the company terminated the relationship with the farmer and shut down the plant. The face value of the contract was in excess of $1.3 million before expenses. Mr. Havard was able to show additional lost profits to the farmer in the processing and reselling of this by-product. The final amount awarded by the jury was approximately double the original estimate of damages.
A spouse's contribution maybe complex
How much is a spouse's contribution to the earning of a medical degree worth? Our experts helped attorneys determine an actual percentage of contribution by a wife toward her husband's career based on a total income picture. We used sophisticated computer models rather than merely looking at whether or not she worked and for how long. Our complete analysis of tax returns took into account issues such as loss of income while her husband was in residency. Because of the completeness of our analysis, we substantially increased the divorce settlement to her.
No reason for arson
A businessman was accused of setting the fire that destroyed his supposedly failing business. Mr. Havard thoroughly analyzed his records, comparing his business to the economy in general, the health of his competitors, the financial stability of his customers and several other economic indicators. All this was optimistic enough for us to say with reasonable certainty that the business was not failing. The businessman was acquitted.
Damages include future earnings
Mr. Havard prepared a Life Care Plan for a minor who lost both legs in an accident involving a riding lawn mower. He designed the plan to cover future medical costs. In addition, he analyzed the potential loss of future earnings capacity due to the disability and disfigurement. His report helped the attorney settle the case without a trial.