Whether and how you discuss damages in your opening statement and closing argument is a strategic consideration. A plaintiff discussing damages in the opening may turn jurors off, but not doing so can be a tactical mistake. Defendants usually want to steer clear of damages in the opening if possible. And both sides should discuss damages in the closing, but maybe in a different order.
Breach of contract actions are all about recovering money to put the aggrieved party in the same position that it would have been in had the other party fully performed. That’s the goal of filmmaker Michael Moore’s suit against the Weinstein brothers for breach of their Fahrenheit 9/11 contract. And, just a Moore’s attorneys will have to do, when you file a complaint alleging breach of contract, you need to carefully analyze and have proof of your client’s recoverable damages.