Both sides of the story – Taking a balanced approach to damages calculations
Abstract: In cases involving damages, credentialed, independent financial experts bring reasonableness and credibility to the table by considering both sides of the story. This article discusses the factors valuators typically consider in damages calculations, such as historic trends and statistical analysis, any mitigating factors, and sanity checks. It notes that a balanced approach is most likely to persuade the court that the damages calculation is objective, reasonable and fair. Rose Acre Farms, Inc. v. United States (559 F.3d 1260, Fed. Cir. 2009, Sept. 17, 2009).