KW Economics prepares lost profits analysis for partnership and shareholder dispute cases venued in South Dakota: what the loss claim consists of, the records that drive it, and a present value built to South 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.
South Dakota courts screen expert testimony for reliability: the trial 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. A damages report is written to that standard, with each data series named and each assumption tied to the record.
Highest court: South Dakota Supreme Court. Court system: ujs.sd.gov.
Federal venues: District of South Dakota.
South Dakota's unusual comparative negligence rule allows recovery in a negligence-based claim only when the plaintiff's negligence was slight in comparison with the defendant's. Prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses, so the report separates past from future amounts as of a fixed date. Economic damages are not subject to a general statutory limit outside specific statutory claims.
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.
South Dakota courts screen expert testimony for reliability: the trial 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. A damages report is written to that standard, with each data series named and each assumption tied to the record. Partnership and Shareholder Dispute cases venued in South Dakota are heard in the Circuit Court (General jurisdiction; 7 circuits across 66 counties; all civil, criminal, and domestic matters), with final appeals to the South Dakota Supreme Court. Matters within federal jurisdiction proceed in the District of South Dakota.
South Dakota's unusual comparative negligence rule allows recovery in a negligence-based claim only when the plaintiff's negligence was slight in comparison with the defendant's. Prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses, so the report separates past from future amounts as of a fixed date. 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 South Dakota rules to a documented figure.
Request a consultation on Lost Profits or call (201) 343-0700. Plaintiff and defense counsel.