Tag Archives: damages
Construction Experts & Defect Claims

Construction Experts & Defect Claims

Construction attorneys Doris Bobadilla and Lynne J. Shannon of Galloway, Johnson, Tompkins, Burr & Smith, presented a seminar on construction defect claims and shared their checklist for adjusters.

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Economic Analysis in Employment Case, Part 5

Economic Analysis in Employment Case, Part 5

According to the forensic economics literature, we would say the best approach would be to compute the reduction in payout at the time of retirement, rather than employer contribution. This approach, however, is more complicated, uses assumptions contributing to perhaps a more speculative figure and this method is more time-consuming for the economist.

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Economic Analysis in Employment Cases, Part 4

Economic Analysis in Employment Cases, Part 4

The unfortunate reality is that for the average American wage growth has not been keeping up with inflation since approx 1975! This may be referred to as the phenomenon of the falling real wage.

…..forensic economists look to the specific earnings history of the individual, when available, and exercise judgment in determining the earning capacity that should be expected in future years.

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Damages Expert & Versata Software Case

Damages Expert & Versata Software Case

Enterprise software company SAP recently won a new trial over damages it had been ordered to pay Versata Software after a patent trial that took place in 2009. SAP had been ordered to pay Versata $138.6 million in the original trial. According to U.S. magistrate judge Charles Everingham, testimony given during the 2009 trial was incorrect.

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Economic Analysis in Employment Cases, Part 3

Economic Analysis in Employment Cases, Part 3

Worklife

A statistical average of the number of years a person will be working. It factors out the probability of death, sickness, child rearing, and leaving the labor force.

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Economic Analysis in Employment Case, Part 2

Economic Analysis in Employment Case, Part 2

HISTORIC LOSS (‘Back-pay’)

This period is from time of incident to date of trial. Wage growth rates could be used but no discounting.

Adjustment for promotions, “lost-chance” damages: Backpay may be increasedto take into account promotions the employee was likely to have received. [See Bishop v. Gainer (7th Cir. 2001) 272 F.3d 1009, 1015-1016].

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Deflation–How Is It Harmful To The Economy?

Deflation–How Is It Harmful To The Economy?

Deflation is the decrease in the general price level. This is opposite of inflation. How could lower price levels be harmful to the economy? This is not immediately intuitive to people who are not economists nor finance experts.

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Economic Analysis in Employment Cases, Part 1

Economic Analysis in Employment Cases, Part 1

Worklife is a statistical average of the number of years a person will be working. It factors out the probability of death, sickness, child rearing, and leaving the labor force.

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The Discount Rate ‘Controversy’ – Much Ado About Nothing Part 2

The Discount Rate ‘Controversy’ – Much Ado About Nothing Part 2

I have been attacked by the opposing expert for not using the yield of Treasury Bonds. Using short-term Treasury securities (T-Bills) is justified to remove inflation/interest rate risk that may occur with longer term Treasuries (bonds).

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Part 1 – Why do Construction Delays happen and how to analyse it

Construction projects often suffer from delays due to a wide variety of reasons, which can have severe financial impact on the project. As a result, delay claims may be filed. The analysis of the delay impact, the causes and effects of the delaying activities is one of the most complicated types of claims analysis.

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