Representative Sample of Commercial Economic Damages Engagements:
• M&G served as a consultant and expert witness on damages for a large medical device manufacturer in a breach of contract case brought by a supplier. M&G analyzed claimant's $40 Million claim for lost profits and James L. McGovern testified at arbitration. Arbitrators' issued ruling in favor of device manufacturer, awarding damages totaling less than 2% of the claimed amount.
• M&G has served as a consultant to a billion dollar environmental building controls and security systems contractor on numerous major construction disputes. M&G regularly assists with analysis of contract disputes, preparation of damage claims, and negotiations of settlements.
• M&G served as a consultant and expert witness for plaintiff auto parts manufacturer in a trademark and trade dress infringement case. M&G prepared an analysis of plaintiff's lost profits, price erosion, and cost of corrective actions. M&G also prepared an accounting of defendant's sales and incremental profits. Case settled.
• M&G served as a consultant and expert witness for plaintiff in patent infringement case involving patent for handling waste water slurries. M&G prepared a lost profits and reasonable royalty analysis and James L. McGovern provided expert testimony. Jury verdict in favor of plaintiff for @ $1.2 million.
• M&G served as a consultant and expert witness for an international disaster recovery company, defending against an alleged breach of contract claim. Services include analysis of plaintiff's claims for under payment and lost profits. Case settled
• M&G served as a consultant and expert witness for plaintiff landlord seeking damages from a tenant for lost rental income. M&G calculated present value of lost income net of mitigation and James L. Mcgovern testified at trial. Verdict in favor of plaintiff.
• M& G served as a consultant to national retail chain on licensee contract violation case. Investigation of licensee underpayment of royalties, resulted in $1+ million settlement and significant compliance changes.
• M&G served as a consultant to an insurance company defending against a hospital's claim for business devastation and cleanup costs resulting from a toxic substance spill. M&G's analysis of the business devastation claim led to the hospital dropping the business devastation portion of its claim.
Sample of Consulting Engagements Involving Lost Personal Income:
• As the damages expert engaged by the defendant, M&G analyzed the lost earnings claim made by a family practice doctor after an injury he suffered reduced his ability to work. M&G determined that in contrast to plaintiff's claimed $10+million if lost earnings, actual lost earnings were no more than $259,000. M&G's analysis of the plaintiff's claim showed that plaintiff's expert failed to (a) account for the doctor's actual earnings, (b) properly consider the doctor's continuing revenue stream from insurance contracts, (c) acknowledge restrictions on the doctors medical license that where unrelated to his injury; and (d) failed to account for mitigation achieved by hiring replacement doctors for his practice. In addition, M&G found that plaintiff's expert had overstated the plaintiff's remaining worklife and used inconsistent definitions of pre and post injury income. Moreover, M&G also found that the plaintiff had attempted to hide his actual income by diverting earnings from himself to his wife.
• As the damages expert engaged by the plaintiffs, M&G identified approximately $1.7 million of lost past and future earnings for seven municipal employees who were denied advancement opportunities due to discrimination and illegal hiring practices. Lost earnings stemmed from denied promotions, failure to receive overtime opportunities, and lost pension contributions.
• As the damages expert engaged by the defendant, M&G analyzed the lost earnings claim made by a bond trader after he suffered a knee injury in a slip and fall accident. Plaintiff's expert opined that the plaintiff suffered up to $1 million in lost earnings. M&G's analysis effectively rebutted plaintiff's expert and identified losses of only $228,000. M&G found that plaintiff's expert had (a) failed to consider factors other than the injury that contributed to plaintiff's losses, (b) used an unreasonable time frame for losses, (c) used an unreasonable work-life estimate, and (d) used estimates that were unsupported by the facts.
• As the damages expert engaged by the plaintiff, M&G identified the lost earnings and loss of household services suffered by a used car salesman who was severely injured in an auto accident. Based on analysis of the plaintiff's historical earnings, industry and economic data, M&G identified the likely amount plaintiff would have earned but for his injuries and compared that amount against his actual post-injury earnings. To determine the value of lost household earnings, M&G interviewed the plaintiff's widow to determine the types of services the plaintiff had performed prior to the accident and the amount of time he typically spent on those tasks. M&G then compared for reasonableness, her estimates of service hours lost to the Bureau of Labor Statistics data concerning typical levels of household service. Finally, M&G applied average labor rates for each type of service lost based on Bureau of Labor Statistics data for the geographical area.
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