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It is estimated that over one-half of all litigation today is related, in some degree, to issues involving economic damages. This handbook presents the basic elements involved in the evaluation of economic damages associated with wrongful death and personal injury cases. It will assist practicing attorneys to understand, through examples, the conceptual issues involved in the determination of economic damages, and the methods used to evaluated such damages. The book is divided into two main sections. The first section of the book is devoted to estimation procedures specific to wrongful death cases. Nine key elements involved in an analysis of economic losses are systematically presented and illustrated in separate chapters. Reference tables are included to illustrate the variety of situations which exist, and the impact that changes in key assumptions about the situations have on the analysis. The second section of the book builds upon the concepts developed in the first section, and illustrates how to calculate economic losses in personal injury cases. These chapters also have examples and reference tables to assist the practicing attorney. A glossary of basic economic terms and an extensive bibliography are included.
This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.
How-to guidance for measuring lost profits due to business interruption damages A Quantitative Approach to Commercial Damages explains the complicated process of measuring business interruption damages, whether they are losses are from natural or man-made disasters, or whether the performance of one company adversely affects the performance of another. Using a methodology built around case studies integrated with solution tools, this book is presented step by step from the analysis damages perspective to aid in preparing a damage claim. Over 250 screen shots are included and key cell formulas that show how to construct a formula and lay it out on the spreadsheet. Includes Excel spreadsheet applications and key cell formulas for those who wish to construct their own spreadsheets Offers a step-by-step approach to computing damages using case studies and over 250 screen shots Often in the course of business, a firm will be damaged by the actions of another individual or company, such as a fire that shuts down a restaurant for two months. Often, this results in the filing of a business interruption claim. Discover how to measure business losses with the proven guidance found in A Quantitative Approach to Commercial Damages.
Insider Information at Your Fingertips Determining the worth of intellectual property (IP) is a complicated task. An IP litigator needs to conclude the monetary damage occurring as a result of harm done to an inventor's or a company's reputation as well as the economic damage caused by compromise of an idea or invention due to its unauthorized usage. Edited by litigation expert Daniel Slottje, Economic Damages in Intellectual Property: A Hands-On Guide to Litigation sheds light on how to quantify damages in IP litigation matters with revealing contributions from IP professionals, attorneys, economics professors, certified public accountants and other damages professionals. This essential resource is thoroughly researched with timely insight on quantification of damages; evaluation of damage claims in trade secrets; patent, copyright, and trademark cases; economic damages; and much more. With IP litigation becoming more and more prevalent today, the demand increases for IP professionals and attorneys to understand how economists, accountants, and financial analysts quantify damages in IP matters. Economic Damages in Intellectual Property: A Hands-On Guide to Litigation demystifies this process and provides you with an "at-your-fingertips" resource brimming with current, relevant information in the field of intellectual property litigation.
This second edition of Measuring Nonuse Damages Using Conjoint Valuation is essentially a reprint of a 1992 monograph that has been in steady demand since its original appearance. The RTI Press edition, which is intended to meet continued inquiries and requests for the monograph, contains a Foreword and a Preface to the second edition that put the original work into historical perspective. These studies of ways to value stated preferences, as applied then to the Exxon Valdez oil spill, continue to be a timely and still-rigorous examination of such methods; even with the passage of time and statistical advances from the past two decades, the conclusions and insights as to whether and how these techniques might still be employed in valuing use or nonuse losses from similar events remain valid.
Anderson and Barber (2010) provide a recent discussion of tax effects on economic damages, for forensic economists and similar experts who supply the courts with opinions on economic damages. Anderson and Barbers' paper fills a void in the forensic economics literature, by offering a formal theory of how tax considerations can impact economic damages. In the present work I point out a limitation of this theory - via a counter-example, and discuss conditions under which the theory seems to hold approximately.
Marine pollution causes significant damage to fisheries and other economically productive uses of the ocean. The value of that damage can be quantified by economists, but the meanings of those valuations and how they are derived are often obscure to noneconomists.Economic Losses from Marine Pollution brings a fuller understanding of the variety and extent of marine losses and how they are assessed to scientists, lawyers, and environmentalists by systematically identifying and classifying marine losses and relating them to models and methods of economic valuation. The authors use a step-by-step approach to show how economists have used these methods and how they approach the problem of assessing economic damage.The book begins by describing the importance of economic valuation of marine damages, the history of concern over marine pollution, and the development of economic methodologies to assess damage from it. Following that, the book: considers types of marine pollution and their effects on organisms, ecosystems, and humans, and the corresponding economic effects of those biological impacts introduces the economic principles and methods needed to understand and to assess economic damages expresses losses from water quality impairments in terms of economic value introduces the basic economic techniques that have been developed and used to measure changes in economic value discusses how to apply those economic techniques, and presents a variety of practical examples explores limitations and problems that can arise in such applied work.Economic Losses from Marine Pollution includes all of the relevant economic theory together with specific examples of how that theory has been and can be applied. It offers environmental professionals with little or no background in economics the basic economic tools needed to understand economic valuations of environmental damage, and represents a unique handbook for environmental and marine scientists, lawyers, economists, policy professionals, and anyone interested in issues of marine water quality.