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Business Litigation Commercial Damages | Expert Witness

Commercial Damages


An accurate and supportable computation of damages is essential in any litigation. Overblown and CommercialDamagesunsupported claims by a plaintiff can result in needless litigation where a reasonable settlement could have been achieved without undue expense and disruption of business operations. Mr. Ickert has demonstrated the technical expertise and needed experience to analyze complex financial situations and prepare an economically sound expert opinion quantifying damages for plaintiffs or defendants.

He has the experience necessary to assist legal counsel in discovery, evaluating the merits of a claim and the strengths and weaknesses of damage claims made by the opposing party. Completed cases have involved a wide variety of industries and included business devastation or disruption, tort claims, construction claims, breach of contract and assertions of intellectual property infringement resulting in lost profits or establishment of a reasonable royalty.


Representative Engagements

  • Mr. Ickert consulted and acted as an expert witness in a business dispute between a partner and his deceased partner’s wife computing damages resulting from the alleged breach of the partnership agreement. Settlement reached prior to damages hearing for eight figures.
  • Mr. Ickert consulted and acted as an expert witness in a shareholder dispute computing damages based on unreasonable compensation of the majority owner and relatives, rents above market rates and personal benefits derived from the business. Jury verdict for the plaintiff in the amount of $1 million plus an award for legal and expert fees.
  • Served as a consultant and expert computing construction claims damages related to a major governmental construction project. Computed damages for delay and acceleration during varying phases of the long-term project. Plaintiff initially believed damages were in the low six figure range. Mr. Ickert computed damages in excess of $2 million. Case settled for $1.7 million in arbitration.
  • Consulted and acted as expert witness in case involving appropriation of trade secrets by former owner and President of acquired business. Jury verdict in favor of plaintiff of $19 million.
  • Consulted and acted as expert witness in case involving trademark infringement. Computed damages due to lost profits and unjust enrichment. Case settled prior to trial.
  • Acted as expert witness for defendant accused of improperly compensating disabled plaintiff based on existing buy/sell agreement. Determined defendant’s offer exceeded amount called for in buy/sell. Verdict rendered in favor of defendant.
  • Consulted and provided expert testimony in case involving theft of trade secrets by a major insurance company. Prepared expert report detailing damages, case successfully settled.
  • Acted as expert witness in case involving damages incurred by manufacturing company as a result of defective product provided by supplier. Analyzed production and other financial records preparing report supporting claimed damages including diminution of business, lost profits and direct damages resulting from defective product.
  • Computed damages resulting from breach of contract with a physician employee by a health care provider. Decision in favor of plaintiff by arbitration panel.
  • Served as expert preparing report for plaintiff in a CPA malpractice matter. Prepared report detailing inadequacies of audit in failing to detect fraud perpetrated by CFO resulting in six figure loss to plaintiff and responded to opposing expert critique of opinions expressed. Defendant settles prior to initiation of legal action.
  • Served as expert to government agency suffering loss due to grain elevator fraud. Pointed out inadequacies in audit review of grain elevator and prepared suggested inquiries for CPA who conducted review of financial statements. Case settled to limits of malpractice liability at deposition of CPA.
  • Consulted and provided expert report in defense of CPA accused of malpractice and conspiracy to commit fraud. Jury verdict for defendant CPA.