KW Economics prepares economic damages analyses for commercial contract dispute cases venued in Wisconsin: the components the loss claim consists of, the records that drive them, and a present value built to Wisconsin'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.
Wisconsin courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. An economic damages report is written to that inquiry, with each rate and table traced to a published source.
Highest court: Wisconsin Supreme Court. Federal venues: E.D. Wis., W.D. Wis. Court system: wicourts.gov.
Wisconsin reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the defendant's. Interest on a liquidated contract sum runs from the date it was due, while interest on a tort verdict that beats a rejected statutory offer of settlement runs from the date of the offer. 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 the sums that were due from the amounts that had to be projected.
The same four steps apply to a commercial contract dispute case venued in Wisconsin; the damages framework above decides which components enter the total.
Commercial Contract Dispute cases venued in Wisconsin are heard in the Circuit Court (General jurisdiction; one in each of 72 counties; all civil, criminal, family, and probate matters). Final appeals run to the Wisconsin Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Wisconsin and Western District of Wisconsin.
Wisconsin reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the defendant's. Interest on a liquidated contract sum runs from the date it was due, while interest on a tort verdict that beats a rejected statutory offer of settlement runs from the date of the offer. 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 the sums that were due from the amounts that had to be projected. Wisconsin courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. An economic damages report is written to that inquiry, with each rate and table traced to a published source.
Request a consultation on commercial contract dispute cases in Wisconsin or call (201) 343-0700. Plaintiff and defense counsel.