Adding to the Daubert challenge: a lawyers’ consulting group

BVWireIssue #55-3
April 18, 2007

“Much of what we do is reign in exorbitant ‘expert’ damage assessments,” say the so-called “experts” at DaubertExpert.  “When a business entity fails…it is often pretty easy to spin together a little anecdotal evidence into a plausible story of the value of a firm, as it would have been, in the absence of the claimed wrong.  If the expert can make those numbers large enough, the fear of ruin can induce rational…defendants to settle largely nonmeritorious [sic] claims.  We offer a better alternative,” they add, “which is to evaluate the damages testimony early on, and when it is junk, exclude it.”  (And we thought only the judiciary had this power…)

Moreover, “Even when the damages testimony is not actual junk, we can still chip away at its hopeful assumptions more than enough to justify our fees, usually many times over, as can be demonstrated by the standard junk damages model.”  To read how the consultants profess to make a Daubert motion worth “10 million dollars,” click here.

Please let us know if you have any comments about this article or enhancements you would like to see.