Court Disapproves of Use of Damages Model to Establish Liability

BVLaw
Court Case Digests
September 28, 2016
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
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

Select Comfort Corp. v. Tempur Sealy Int’l, Inc.

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.

Court Disapproves of Use of Damages Model to Establish Liability

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.