KW Economics prepares economic damages analyses for partnership and shareholder dispute cases venued in Michigan: the components the loss claim consists of, the records that drive them, and a present value built to Michigan's damages rules and venues. Plaintiff and defense.
A partnership or shareholder dispute turns on what an ownership interest is worth under the standard of value that applies and whether the business's earnings have been fairly shared, both answered from the agreements and the financial records. Read the full partnership and shareholder dispute analysis guide.
Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.
Highest court: Michigan Supreme Court. Federal venues: E.D. Mich., W.D. Mich. Court system: courts.michigan.gov.
Michigan reduces a negligence-based award by the plaintiff's share of fault, and a plaintiff whose share exceeds half loses noneconomic damages while economic damages are only reduced. Interest on a money judgment runs from the filing of the complaint in civil actions generally, and the court reduces future damages to present value under a statutory formula, so the report presents the future stream in the form that formula requires. Economic damages are not subject to a general statutory limit outside specific statutory claims.
The same four steps apply to a partnership and shareholder dispute case venued in Michigan; the damages framework above decides which components enter the total.
Partnership and Shareholder Dispute cases venued in Michigan are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, domestic relations). Final appeals run to the Michigan Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Michigan and Western District of Michigan.
Michigan reduces a negligence-based award by the plaintiff's share of fault, and a plaintiff whose share exceeds half loses noneconomic damages while economic damages are only reduced. Interest on a money judgment runs from the filing of the complaint in civil actions generally, and the court reduces future damages to present value under a statutory formula, so the report presents the future stream in the form that formula requires. Economic damages are not subject to a general statutory limit outside specific statutory claims. Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.
Request a consultation on partnership and shareholder dispute cases in Michigan or call (201) 343-0700. Plaintiff and defense counsel.