Tuesday, May 30, 2006

damages - calculation - flexibility

Dept. of General Services v. US Mineral Products Co. - Supreme Court - May 25, 2006

http://www.courts.state.pa.us/OpPosting/Supreme/out/J-81-2004mo.pdf

In the course of deciding the proper measure of damages concerning the chemical contamination of the former PennDOT building, the court said that it "has rejected fixed and formulaic rules when it is determined that they are not setting an appropriate, compensatory standard.....and there are many nuances and significant latitude associated with valuation for the purpose of calculating damages."