Viewing: punitive damages

Missouri State Contract Cases 2012 (Part 15): Lost Profits and Constructive Eviction

In an action for fraudulent misrepresentation, the Missouri Court of Appeals, Western District affirmed the trial court's grant of summary judgment in favor of the defendant, concluding that the plaintiff, a coal company, was unable to prove damages for lost profits. Lost profits are generally not recoverable as damages, because they are too speculative; however, […] Read More

Missouri State Contract Cases 2012 (Part 13): Lost Profits, Punitive Damages, and Malicious Prosecution

The Missouri Supreme Court held that the plaintiffs -- trash haulers -- weren't entitled to relief from the county's actions based on an implied-in-law contract theory, as the intermediate appellate court had held, because the county hadn't received a benefit from the haulers. ("The essential elements of quasi-contract are: (1) a benefit conferred upon the […] Read More

Missouri State Contract Cases 2012 (Part 06): Anti-Stacking, Insurable Interest

Former police officer Danny Holmes sued the Kansas City police department under the Missouri Human Rights Act and on breach of contract and whistleblower claims for the termination of his employment by the police department. The Missouri Court of Appeals, Western District reversed the trial court’s judgment for Mr. Holmes on the breach of contract […] Read More

Missouri State Contract Cases 2012 (Part 02): Punitive Damages for Conspiracy to Breach a Contract

J M Neil & Associates, Inc. (“JMN”), a woman-owned business, entered into a teaming agreement in 2005 with Alexander Robert William, Inc. (“ARW”), a veteran-owned business, in hopes of being awarded a veteran set-aside General Services Administration contract. Under the teaming agreement, ARW would be the prime contractor under the GSA contract, and JMN would […] Read More