8 Cited authorities

Bi-Economy v. Harleysville
2008 N.Y. Slip Op. 1418 (N.Y. 2008) Cited 336 times 14 Legal Analyses
Holding that the plaintiff may seek consequential damages for its breach of contract claim
Brushton-Moira Cent. v. Thomas
91 N.Y.2d 256 (N.Y. 1998) Cited 172 times
Holding that "the appropriate measure of damages [for breach of a construction contract] is the cost to repair the defects or, if the defects are not remediable, the difference in value between a properly constructed structure and that which was in fact built"
Taylor v. Meirick
712 F.2d 1112 (7th Cir. 1983) Cited 249 times 1 Legal Analyses
Holding that, where a defendant individually sold multiple maps including one of the plaintiff's copyrighted maps, it was “not enough” for plaintiff to show the gross revenue from sale of all of the maps, rather than the revenue from the sale of only the infringing maps
Goodstein Construction Corp. v. City of New York
80 N.Y.2d 366 (N.Y. 1992) Cited 109 times 5 Legal Analyses
Holding that contract damages are ordinarily intended to give the injured party the benefit of the bargain by awarding a sum of money that will, to the extent possible, put that party in as good a position as it would have been in had the contract been performed
Knaebel v. Heiner
663 P.2d 551 (Alaska 1983) Cited 32 times
Explaining that the defense requires proof that the party “perpetrated some wrongdoing” and “that the wrongful act related to the action being litigated” (citing Zechariah Chafee, Jr., Some Problems of Equity 1 (1950))
Guard v. P R Enterprises, Inc.
631 P.2d 1068 (Alaska 1981) Cited 26 times
Holding "reasonable certainty" in proving lost profits is lower in antitrust context than in typical contracts context
Peter v. Progressive Corporation
Supreme Court Nos. S-11416 / 11445 (Alaska Feb. 22, 2006) Cited 1 times
Supreme Court Nos. S-11416 / 11445. February 22, 2006. Appeal from the Superior Court of the State of Alaska, Third Judicial District, Kenai, Harold M. Brown, Judge. Superior Court No. 3KN-97-964 Civil. Murphy L. Clark, Anchorage, for Appellants/Cross-Appellees. Gary A. Zipkin, Guess Rudd P.C., Anchorage, for Appellee/Cross-Appellant Progressive Northwestern Insurance Company. Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices. MEMORANDUM OPINION AND JUDGMENT Entered
Murray E. Gildersleeve Logging v. No. Timber
670 P.2d 372 (Alaska 1983) Cited 16 times
Limiting instructions cured whatever prejudice may have been caused by admission of insurance

Alaska Rent-A-Car Inc. v. Avis Budget Group, Inc. et al

8 Cited authorities

Holding that the plaintiff may seek consequential damages for its breach of contract claim

Holding that "the appropriate measure of damages [for breach of a construction contract] is the cost to repair the defects or, if the defects are not remediable, the difference in value between a properly constructed structure and that which was in fact built"

Holding that, where a defendant individually sold multiple maps including one of the plaintiff's copyrighted maps, it was “not enough” for plaintiff to show the gross revenue from sale of all of the maps, rather than the revenue from the sale of only the infringing maps

Holding that contract damages are ordinarily intended to give the injured party the benefit of the bargain by awarding a sum of money that will, to the extent possible, put that party in as good a position as it would have been in had the contract been performed

Explaining that the defense requires proof that the party “perpetrated some wrongdoing” and “that the wrongful act related to the action being litigated” (citing Zechariah Chafee, Jr., Some Problems of Equity 1 (1950))

Holding "reasonable certainty" in proving lost profits is lower in antitrust context than in typical contracts context

Limiting instructions cured whatever prejudice may have been caused by admission of insurance