Court Disapproves of Use of Damages Model to Establish Liability

Business Valuation UpdateVol. 23 No. 2
BVLaw Case Update
February 2017

Access the Full Article

This article is available with a subscription to any of these products:
Already a subscriber?  Login
This article is also available for purchase. (702 words)   Add to Cart >>
Need help? Contact us:
1-503-479-8200 ext 2 or sales@bvresources.com
2515 Mattresses, Foundations, and Convertible Beds
337910 Mattress Manufacturing
economic damages & lost profits
Select Comfort Corp. v. Tempur Sealy Int’l, Inc.
2016 U.S. LEXIS 133828
September 28, 2016
US
Federal Court
Minnesota
United States District Court
Joseph D. Kenyon (plaintiff); Jeffrey A. Stec (defendant Tempur Pedic), Kristopher A. Boushie (defendant Mattress Firm)
Frank

Summary

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.

See Also

Court Disapproves of Use of Damages Model to Establish Liability

Court Case Digests
September 28, 2016

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.