Trespass/Right of Way Dispute
In a natural gas pipeline trespass dispute, Brattle submitted an expert report on behalf of a major natural gas pipeline in the south-central US, responding to an opposing expert’s theory and estimates of profit disgorgement as a measure of damages. We explained how the opposing expert’s disgorgement calculations did not reflect the incremental profits from the alleged trespass, and served to overstate the benefits of the alleged trespass. We also provided a more reasonable approach to damages that estimated how the pipeline could have actually benefited from the alleged trespass by delaying an investment to relocate the segment of the pipeline in question.
