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

BVLaw
Court Case Digests
January 18, 2017

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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
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

TiVo Research & Analytics, Inc. v. TNS Media Research

Full Text of Court Cases
January 18, 2017

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.

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

BVLaw Case Update
May 2017

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.

This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition