Economic Damages

Representative Cases:

COURT APPOINTED ARBITER - Private arbitration for commercial complaint.  Plaintiff employee provided financing to employer's airline pilot training program.  Advances on "letter of credit" were 100% collateralized by employer's cash on deposit at a national brokerage.  Plaintiff was unable to prove damages or that any financing was ever provided.  Ruling: Plaintiff, relying on signature control of the brokerage account, had drained the account, thereby simply lending the employer his own money. 

RENT SHARING AGREEMENT - Plaintiff expert for a group of condominium owners who participated in a rent sharing agreement with a resort hotel.  Calculated damages resulting from the alleged unfair allocation of rental pool income collected by the resort and paid to the property owners.  The Court allocated additional damages to the plaintiff in line with those recovered in a prior lawsuit involving similar issues but different plaintiffs. 

PERSONAL INJURY - Defense expert for Arizona Attorney General.  Plaintiff filed suit after suffering injury as the driver of a motorcycle that was involved in an accident with a state owned vehicle.  Expert report was the calculation of damages incurred for the loss of income during the plaintiff's temporary physical disability.  Case settled.    

INSURANCE DEFENSE - Expert for insurance company sued by insured claiming the omission of assault and battery coverage from purchased policy. Insured filed a Chapter 11 bankruptcy petition to avoid payment of a jury judgment granted to party injured on the insured’s premises.  Financial analysis demonstrated large sums of preference payments had been distributed to investors in the months surrounding the incident.  Refuted claims of damages and lost profits.  Case settled. 

COMPLEX LITIGATION - Supervised preparation of rebuttal damages calculations for the State of Arizona, sued for $40 million in uncollected receivables by 33 hospitals alleging negligent supervision of the Arizona Health Care Cost Containment System (AHCCCS) during its start-up period.  Prepared deposition questions for financial witnesses, reviewed and edited motions, deposed by judge regarding the selection of an independent special master.  Case settled during trial.  

CLASS ACTION DAMAGES COMPLAINT - Supported the preparation of rebuttal damages calculations for the defense of a class action lawsuit against the State of Arizona by state law enforcement employees.  Off duty police officers sued for unpaid overtime, as required by the Fair Labor Standards Act, for hours worked at local sports and entertainment arenas .  Case settled.

BUSINESS INTERRUPTION - Consulting expert for the preparation of property and casualty damages calculations.  Results used by client insurance companies to settle claims for loss of income due to fire, flood, etc.