Commercial Contract Dispute Economic Damages Expert in Louisiana

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for commercial contract dispute cases venued in Louisiana: the components the loss claim consists of, the records that drive them, and a present value built to Louisiana's damages rules and venues. Plaintiff and defense.

A commercial contract damages claim measures the profits a business lost, or the costs it incurred, because the other party did not perform, as the difference between the performed-contract path and what the business actually earned or could have earned by mitigating. Read the full commercial contract dispute analysis guide.

Louisiana courts and expert standards

Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

Where these cases are heard

Highest court: Louisiana Supreme Court. Federal venues: E.D. La., M.D. La., W.D. La. Court system: lasc.org.

Damages framework

Louisiana applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Judicial interest runs on a tort award from the date of judicial demand and on a sum owed under a contract from the date it was due. Economic damages are not subject to a general statutory limit outside specific statutory claims, so the report states each loss as of a fixed date and separates past from future amounts so the interest computation can follow.

How the analysis is built

The same four steps apply to a commercial contract dispute case venued in Louisiana; the damages framework above decides which components enter the total.

  1. Establish the but-for revenue from the contract terms, the pre-dispute projections, and the business's own history.
  2. Identify the incremental costs that would have been incurred to earn that revenue so that only the lost margin is claimed.
  3. Analyze actual results after the breach to separate the effect of the breach from market conditions and other causes, and credit mitigation revenue.
  4. Bring past lost profits forward and discount future lost profits at a stated rate that reflects the risk of the earnings stream.

Attorney guides for commercial contract dispute cases

Other case types in Louisiana

Frequently asked: commercial contract dispute cases in Louisiana

Which Louisiana courts hear commercial contract dispute cases?

Commercial Contract Dispute cases venued in Louisiana are heard in the District Court (General jurisdiction; civil and criminal cases at the parish level). Final appeals run to the Louisiana Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Louisiana, Middle District of Louisiana, and Western District of Louisiana.

How does Louisiana's damages framework shape the economic analysis?

Louisiana applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Judicial interest runs on a tort award from the date of judicial demand and on a sum owed under a contract from the date it was due. Economic damages are not subject to a general statutory limit outside specific statutory claims, so the report states each loss as of a fixed date and separates past from future amounts so the interest computation can follow. Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

More questions about commercial contract dispute analysis

References

Request a consultation on commercial contract dispute cases in Louisiana or call (201) 343-0700. Plaintiff and defense counsel.