Supreme Court of Texas Clarifies How to Prove Lost Value

By | The Energy Law Blog | May 26, 2015
Supreme Court of Texas Clarifies How to Prove Lost Value

On May 8, 2015, the Supreme Court of Texas held in Phillips v. Carlton Energy Group, LLC[1]/ that an expert witness’s pre-suit evaluations of a coal bed methane concession in Bulgaria and his and another expert’s opinion testimony at trial were too speculative to support a jury’s damage finding for tortious interference related to the concession, but that several bona fide offers to purchase an interest in the concession, even if based on the same pre-suit expert evaluations, were “reasonably certain” valuation evidence potentially sufficient to support a damage award.