Pettingill Analytics
Case Type

Commercial — Economic Damages

Lost profits, business interruption, and contractual damages in commercial disputes.

Commercial damages require careful identification of the but-for world — the financial position the plaintiff would have occupied absent the wrongful conduct — and a defensible measure of the difference between that world and actual results.

We use incremental margin rather than gross revenue, anchor projections in the company's pre-event trajectory and in industry benchmarks, and test the model under sensitivity scenarios that counsel can present to the trier of fact.

Frequently Asked

Frequently Asked

Why incremental margin and not gross revenue?
Lost gross revenue overstates damages because it ignores the variable costs the plaintiff did not have to incur. The correct measure is the contribution margin the plaintiff would have earned on the lost sales.

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