KW Economics prepares economic damages analyses for commercial contract dispute cases venued in Maine: the components the loss claim consists of, the records that drive them, and a present value built to Maine'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.
Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.
Highest court: Maine Supreme Judicial Court. Federal venues: D. Me. Court system: courts.maine.gov.
Maine reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the defendants'. Prejudgment interest runs from the filing of the notice of claim or the complaint in civil actions generally, liquidated or not, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, and the report separates past from future amounts so the interest computation can follow.
The same four steps apply to a commercial contract dispute case venued in Maine; the damages framework above decides which components enter the total.
Commercial Contract Dispute cases venued in Maine are heard in the Superior Court (General jurisdiction; civil cases, jury trials in major criminal cases). Final appeals run to the Maine Supreme Judicial Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Maine.
Maine reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the defendants'. Prejudgment interest runs from the filing of the notice of claim or the complaint in civil actions generally, liquidated or not, so the interval between filing and judgment is part of the economic picture. Economic damages are not subject to a general statutory limit, and the report separates past from future amounts so the interest computation can follow. Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.
Request a consultation on commercial contract dispute cases in Maine or call (201) 343-0700. Plaintiff and defense counsel.