Recent Cases

A Center senior economist testified on damages for plaintiffs in a federal action involving the 1985 hijacking of TWA Flight 847 by Lebanese Shia Islamists. Issues involved loss stemming from wrongful-death, injury and property damage. One unique aspect of the case was the length of time between the incident and trial.
Center analysts were asked to examine and testify on damages issues involving an alleged breach of a non-compete agreement involving a medical practice. A doctor left the practice and was accused of improperly soliciting patients of his former partners, who claimed they had an ongoing relationship with the patients. However, an examination of the practice's patient-retention rate and referral data showed the actual damages to substantially less than claimed.
Center economists analyzed and testified on claims brought by a former postal employee who alleged violations of the Americans With Disabilities Act (ADA). He claimed that the employer had failed to accommodate his back injuries. However, an examination of his work history showed several short-term disability leaves of absence, indicating that the employer had indeed attempted to accommodate his alleged disability. His back-pay and front-pay demands were called into question, and a review of the relevant labor market showed that he had failed to mitigate his damages.
Center economists provided arguments used in a motion in limine barring testimony on "hedonic" damages - the value of alleged loss of enjoyment of life.
In May, Center President Chad Staller testified on damages allegedly
sustained by a railroad employee injured on the job. The claim invovled
earning capacity, worklife and Tier II retirement benefits.
Center economists helped a severely injured worker reach an $8.2 settlement with the owner of a construction site and an engineering company responsible for site safety. Prior to the arbitration hearing, a bankruptcy judge had placed a $9 million cap on recovery.
Center Senior Economist Pia DiGirolamo testified in January in an employment-discrimination and retaliation claim brought by a group of Hispanic and African American police officers. The main elements in the damages claim involved denial of opportunities for overtime. The plaintiffs' overtime hours were compared to those worked by officers whose overtime hours were in the 90 percentile and those who were in the 75th percentile for the district in question.

Other recent matters

Personal Injury

A catastrophic-injury case involving a 48-year-old married male. Center economists put his economic loss in a range of $1 million to $2.2 million. The main projected elements of damages in this case were past medical costs, future medical costs, lost income and household services.

A claim brought by a police officer who was forced by the injury to resign from the police force, thereby losing pension and other significant benefits. Economic loss was put at $1 million. One issue was retirement age -- actuarial data showed that it was likely that the plaintiff would have retired from the police force around age 60.
A wrongful-death matter involving a single male in his 20s. Economic-loss projections were put at $200,000 - $550,000. One key issue in the matter was maintenance -- the amount of the decedent's personal expenses that would not be available to the estate. (Often maintenance for single decedents is a major factor in the economic-loss analysis.

Commercial Damages

An investor in a restaurant claimed fraudulent inducement, saying the active partners had denied her a fair share of profits stemming from the business. She was to have received a percentage of profits for her capital contribution. A review of the business's books uncovered the probable value of lost profits. The plaintiff's lost investment opportunities were also evaluated.

Medical Malpractice

A failure-to-diagnose-cancer claim involving a married male decedent who died in his early 30s. Economic loss was in a range of $4 million to $6 million. One issue was life expectancy, which may have been limited even had the cancer been diagnosed in a timely manner.

Employment Discrimination

A claim of failure-to-promote, brought by a female federal employee. A key damages consideration involved pension -- the plaintiff claimed that, by not being promoted to the GS 12 pay grade, her pension would be determined by her highest three years' pay average of $70,000 rather than $90,000. Another key issue was mitigation -- were reasonably similar positions open to her that would have mitigated her damages claim? A search of the relevant job market was conducted to determine whether the plaintiff had a reasonable opportunity to mitigate her loss.
An employment-discrimination and retaliation claim brought by a group of Hispanic and African American police officers. The main elements in the damages claim involved denial of opportunities for overtime. The plaintiffs' overtime hours were compared to those worked by officers whose overtime hours were in the 90 percentile and those who were in the 75th percentile for the district in question.