• Lawdragon Top 500
    Litigators in America (2005)


papers: damages

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.

Illinois & Federal Damages Law – Employment
In mediating employment cases, I have been struck by the inordinate amount of attention that is paid to liability issues as compared to damages issues. There are a host of specific damage issues that come up in employment cases, problems from whether a particular element of damages is recoverable to how calculations may be performed. Here in the Seventh Circuit, our appellate judges are steeped in economics and can be counted on to provide new insights into old problems. This blog catalogues the important damage cases under Illinois and federal law, principally the Seventh Circuit, on employment damages. 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 commercial litigation cases.

Download PDF(s)

Damages in Employment Cases 2008
Damages in Settlement Negotiations and Mediation
Employment Damage Discovery Checklist
Evidence & Jury Instructions on Damages
Punitive Damages in Employment Cases 2008
Valuing Fringe Benefits & Other Elements of Recovery