KW Economics prepares lost profits analysis for partnership and shareholder dispute cases venued in North Dakota: what the loss claim consists of, the records that drive it, and a present value built to North Dakota damages rules and venues. Plaintiff and defense.
In a partnership or shareholder dispute a lost profits claim arises when one owner's conduct, such as diverting customers, competing with the business, or excluding a partner from its earnings, reduced the profits the business or the excluded owner would otherwise have received. The economist establishes the but-for profits from the company's history and market, links the shortfall to the conduct at issue, quantifies diverted revenue from the ledger and customer records, and presents the owner's share of the lost profits by year. The analysis is coordinated with any valuation of the interest so the same loss is not counted in both.
Lost profits and related commercial damages for contract, business-tort, and business-interruption matters. The analysis builds the but-for revenue and cost path from the company's own history, its market, and the terms of the disputed relationship, links each claimed loss to the conduct at issue, addresses mitigation, and reasons through the period of loss so the damages figure answers the causation question as well as the amount.
The valuation date and the standard of value control the result: a fair value standard may exclude the minority and marketability discounts that a fair market value standard applies, and the gap between the two can be substantial for a minority interest in a closely held company. Normalizing adjustments to owner compensation and related-party dealings often decide whether the business shows earnings to value at all. Where the claim includes diverted profits, the amount depends on how far back the records permit reconstruction and on whether the business's actual results can be separated from market conditions.
North Dakota admits expert testimony liberally: the court asks whether the economist is qualified by training and experience and whether the opinion will help the fact finder, and leaves the weight of the testimony to cross-examination rather than screening its methodology in advance. An economic damages report is therefore tested on its inputs at deposition and trial, which is why it states each assumption and its source.
Highest court: North Dakota Supreme Court. Court system: ndcourts.gov.
Federal venues: District of North Dakota.
North Dakota reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the combined fault of the defendants. Prejudgment interest is generally limited to sums that were certain when the loss occurred, which favors a liquidated contract balance over a projected loss. A statutory limit applies to noneconomic damages in health care malpractice claims while economic damages are unlimited, so the economist's figure enters the case at its full present value, with the components that were certain when they accrued identified separately.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing damages models.
In a partnership or shareholder dispute a lost profits claim arises when one owner's conduct, such as diverting customers, competing with the business, or excluding a partner from its earnings, reduced the profits the business or the excluded owner would otherwise have received. The economist establishes the but-for profits from the company's history and market, links the shortfall to the conduct at issue, quantifies diverted revenue from the ledger and customer records, and presents the owner's share of the lost profits by year. The analysis is coordinated with any valuation of the interest so the same loss is not counted in both.
North Dakota admits expert testimony liberally: the court asks whether the economist is qualified by training and experience and whether the opinion will help the fact finder, and leaves the weight of the testimony to cross-examination rather than screening its methodology in advance. An economic damages report is therefore tested on its inputs at deposition and trial, which is why it states each assumption and its source. Partnership and Shareholder Dispute cases venued in North Dakota are heard in the District Court (General jurisdiction; 7 judicial districts across 53 counties), with final appeals to the North Dakota Supreme Court. Matters within federal jurisdiction proceed in the District of North Dakota.
North Dakota reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share equals or exceeds the combined fault of the defendants. Prejudgment interest is generally limited to sums that were certain when the loss occurred, which favors a liquidated contract balance over a projected loss. A statutory limit applies to noneconomic damages in health care malpractice claims while economic damages are unlimited, so the economist's figure enters the case at its full present value, with the components that were certain when they accrued identified separately. 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 North Dakota rules to a documented figure.
Request a consultation on Lost Profits or call (201) 343-0700. Plaintiff and defense counsel.