Substantive And Procedural Aspects Of Assessing Damages In Commercial Litigation

Overview: The article asserts that damages should be the focal point of every plaintiff’s lawsuit. Determination of what monetary remedies are available should be the one element around which all other aspects of the litigation revolve. Ironically, however, litigators often spend most of their time establishing the liabilities of opposing parties to the degree where short-shrift is ultimately paid to strategies necessary for determining the final amounts of recovery. Thus, early identification as to which types of damages may be available in various commercial contexts is invaluable for charting an effective course through the litigation process. The purpose of this review is to highlight the circumstances under which various damage remedies are available in a commercial context and to identify what steps are required in order to effectively recover such damage awards. It is imperative, especially in light of the court’s apparent recognition of lost profit claims for unestablished businesses, that those involved in commercial litigation address commercial damage issues at the outset of litigation. There will often be a need for retention of experts both for purposes of initial consultation and for testimony at trial.

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Format: PDF | Size: 113KB | Date: Jan 2003 | Pages: 34