Research & Publications
Brown Economic Damages NetLetter™
The NetLetter was launched November 23, 2001 and published until July 30, 2003 and encompasses 56 editions. The NetLetter highlights the court's decision on quantum and discusses the impact of forensic economic evidence (if called) or alternatively the judge's decisions on quantum without the benefit of expert economic evidence. The court's acceptance or rejection of economic methods and data are noted, as are issues such as mitigation, loss of "opportunity" or loss of a "capital asset", and in general the "art" of assessing damages. Other than the launch edition that covers more than 20 cases, each edition summarizes 2 to 4 cases. The "netletter" is a very brief summary of the pecuniary awards, quantum experts, and use of economic evidence. The "digest" is a more in-depth treatment of the quantum decisions and use of expert economic evidence. Liability is not commented upon, unless a percentage is applied to the pecuniary awards. Some of the netletter excerpts were published in the firm's newsletter, Brown's Economic Damages Newsletter. Although the netletter arrangement ceased with Quicklaw on July 30, 2003, Brown Economic will continue in-house research on case law, particularly regarding cases relevant for updating Damages: Estimating Pecuniary Loss . Quicklaw advises us that the 56 issues are archived and available for searching and downloading.Topics Include:
- Balance of Probabilities
- Brain Injury
- Contingencies
- Cost of Future Care
- Currency Conversion
- Delay in Education
- Dependency Rates/Living Expenses Deduction
- Discount Rate
- Earning Capacity
- Economic Evidence (Use or Non-use)
- Fatal Accidents
- Fringe Benefits
- Gender Earnings Issues
- HALS Data
- Housekeeping
- Impact of Disability
- Industry Profiles
- Life Expectancy/Reduction
- Loss of Income/Loss of Earning Capacity
- Loss of Inheritance
- Lost Profits
- Lost Years' Awards
- Loss of Marriage Benefits
- Management (administrative or investment) Fees
- Minors
- Mitigation
- Overtime Pay
- Pallos Awards (Loss of Opportunity)
- Pensions
- Plaintiff's Credibility
- Pre-existing Injury
- Remarriage
- Retirement (Working Life Expectancy)
- Scarring & Disfigurement
- Self-Employment
- Sick Leave Benefits
- Simple Probabilities
- Sexual Assault
- Standard of Proof
- Tax Gross-Up
- Training & Re-Training
- Unreported Income
- Wrongful Confinement/Imprisonment
- Wrongful Dismissal
- Young Adults