Damages model misses the bus

A union won a lawsuit about DART’s handling of employee grievances; the Fifth Court largely affirmed but reversed an award of damages for harm to reputation. Applying principles from lost-profits cases, the Court observed: “Day provided no factual support for his opinion that an additional twenty percent of DART’s employees would have joined ATU 1338 if it had been more successful in obtaining hearings before the Trial Board, did not identify any DART employees who would have joined ATU 1338 if it had more success in obtaining hearings before the Trial Board, and made no attempt to trace any damages specifically to DART’s or Johnson’s actions relating to the March 3rd grievance.” DART v. Amalgamated Transit Union, No. 05-17-01051-CV (Nov. 27, 2018).