KW Economics prepares economic damages analyses for partnership and shareholder dispute cases venued in Washington: the components the loss claim consists of, the records that drive them, and a present value built to Washington'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.
Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.
Highest court: Washington Supreme Court. Federal venues: W.D. Wash., E.D. Wash. Court system: courts.wa.gov.
Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately.
The same four steps apply to a partnership and shareholder dispute case venued in Washington; the damages framework above decides which components enter the total.
Partnership and Shareholder Dispute cases venued in Washington are heard in the Superior Court (General jurisdiction; one in each of 39 counties; all civil, criminal, and domestic matters). Final appeals run to the Washington Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Western District of Washington and Eastern District of Washington.
Washington applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits on noneconomic damages have been held unconstitutional and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value, with the liquidated components identified separately. Washington courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and whether the economist is qualified by training and experience to apply it, leaving disputes over the inputs to cross-examination. The methods of forensic economics are published and long used, so the examination of a damages report usually turns on its assumptions and their support in the record.
Request a consultation on partnership and shareholder dispute cases in Washington or call (201) 343-0700. Plaintiff and defense counsel.