• Co-author of BNA treatise, Holloway & Leech,
    Employment Termination: Rights and Remedies

illinois damage law – commercial litigation cases

It’s a familiar saw that the fact of damage must be proven, but that damage recoveries do not require precise proof — they may be based on a reasonable estimate, but on the other hand, cannot consist of speculative losses. If that’s all you think about in analyzing damages, you are missing a lot. First, there is a lot of meat to go on those bones to distinguish between what is “reasonable estimate” and what is “speculative.” Moreover, there are a host of specific rules about calculation of damages that can make a great deal of difference in what money is really on the line in a case. Even if jurors often do tend to brush over damage questions, that may be because lawyers are not making their damage cases and defenses carefully enough! This blog will cover developments in damages law in a way I hope is helpful to those evaluating and trying cases. You might also be interested in the developments tracked in the other parts of this blog, one dealing with equitable remedies and the other with the damages law in employment disputes.

Blog posts on this topic will be added soon.