Expert’s Exclusion Dooms ‘Frozen Market’ Theory and Loss of Value Claims

Business Valuation UpdateVol. 23 No. 5
BVLaw Case Update
May 2017
2731 Books: Publishing, or Publishing and Printing
511130 Book Publishers
economic damages & lost profits
patent infringement, expert testimony, admissibility, causation, rule 702, reliability, federal rules of evidence (FRE), hearsay, valuation

TiVo Research & Analytics, Inc. v. TNS Media Research
2017 U.S. Dist. LEXIS 7243
January 18, 2017
US
Federal Court
New York
United States District Court
Melissa Bennis (plaintiff); unknown (defendants)
Forrest

Summary

Court excludes expert damages calculation where expert relied solely on “temporal relationship” to show causation between loss of value in plaintiff’s business and defendants’ actions and did not account for alternative explanation for plaintiff’s loss.

See Also

Expert’s Exclusion Dooms ‘Frozen Market’ Theory and Loss of Value Claims

Court excludes expert damages calculation where expert relied solely on “temporal relationship” to show causation between loss of value in plaintiff’s business and defendants’ actions and did not account for alternative explanation for plaintiff’s loss.