Jennifer Critchley and Brendan Judge co-authored the article “Don’t Overlook Those Slow Death Damages,” which was published in the May 4, 2015 issue of the New Jersey Law Journal. Generally speaking, the rule against double recovery prevents litigants from recovering damages for both diminution of value of a business and also for loss of profits. However, some scholars and courts have recognized situations in which it is appropriate to seek recovery for both forms of damages. This "slow death" scenario occurs when the alleged bad acts of a defendant cause a business to both lose profits over a period of time and then ultimately to close its doors. This article addresses the merits of the slow death scenario and the extent to which federal and state courts in New Jersey have acknowledged its validity.
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