KW Economics prepares rebuttal analysis for commercial contract dispute cases venued in Hawaii: what the loss claim consists of, the records that drive it, and a present value built to Hawaii damages rules and venues. Plaintiff and defense.
A lost profits report is tested on causation, incremental cost treatment, the period of loss, and the discount rate. The economist checks whether the but-for revenue rests on pre-dispute projections and the company's history or on assumptions made for the claim, whether the costs deducted are the incremental costs of earning that revenue or a fraction of fixed costs, whether the loss period is bounded by the contract and the market, whether mitigation was credited, and whether the discount rate reflects the risk of the earnings stream. Each correction is quantified so counsel can see which assumptions carry the number.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
The size of the claim depends on the contract's remaining term, the profit margin the business would have realized, and how much of the lost volume was or could have been replaced. Incremental cost treatment is the usual battleground: whether a given cost would have been avoided when the revenue disappeared changes the margin and therefore the loss. For a new venture or a contract without a performance history, the reasonableness of the projected revenue is the central dispute, and the period over which lost profits are claimed is scrutinized against the contract's terms and the market.
Hawaii courts ask whether an expert opinion is relevant and reliable and whether it will help the jury, treating the reliability factors the federal courts use as helpful rather than required and not insisting on general acceptance; the witness is qualified by training and experience. An economic damages report is examined on whether its assumptions have a published basis and fit the record.
Highest court: Hawaii Supreme Court. Court system: courts.state.hi.us.
Federal venues: District of Hawaii.
Hawaii reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is discretionary, so the report separates past from future amounts and supplies the schedule the court would need to award it. Economic damages are not subject to a general statutory limit outside specific statutory claims.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
A lost profits report is tested on causation, incremental cost treatment, the period of loss, and the discount rate. The economist checks whether the but-for revenue rests on pre-dispute projections and the company's history or on assumptions made for the claim, whether the costs deducted are the incremental costs of earning that revenue or a fraction of fixed costs, whether the loss period is bounded by the contract and the market, whether mitigation was credited, and whether the discount rate reflects the risk of the earnings stream. Each correction is quantified so counsel can see which assumptions carry the number.
Hawaii courts ask whether an expert opinion is relevant and reliable and whether it will help the jury, treating the reliability factors the federal courts use as helpful rather than required and not insisting on general acceptance; the witness is qualified by training and experience. An economic damages report is examined on whether its assumptions have a published basis and fit the record. Commercial Contract Dispute cases venued in Hawaii are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, family court division), with final appeals to the Hawaii Supreme Court. Matters within federal jurisdiction proceed in the District of Hawaii.
Hawaii reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is discretionary, so the report separates past from future amounts and supplies the schedule the court would need to award it. Economic damages are not subject to a general statutory limit outside specific statutory claims. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Hawaii rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.