The District Court Refuses to Throw Out Experts Under Daubert Motions, Citing Differences in Admissibility and Scrutiny Under Cross-Examination

BVLaw
Court Case Digests
February 16, 2021
2086 Bottled and Canned Soft Drinks and Carbonated Waters
312111 Soft Drink Manufacturing
economic damages & lost profits
calculating damages, damages, daubert, economic damages & lost profits, gatekeeper, federal rules of evidence (FRE)

Innovation Ventures, L.L.C. v. Custom Nutrition Labs., L.L.C.
2021 U.S. Dist. LEXIS 28254; 2021 WL 598545
US
Federal Court
Michigan
United States District Court
Rodney Crawford (plaintiff); Dr. Christopher Pflaum (defendant)
Berg

Summary

This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness on the basis of Daubert and the Federal Rules of Evidence. The plaintiff’s expert offered testimony on how to calculate lost profits based on the plaintiff’s market share. The defendant’s expert offered testimony as to weaknesses in the plaintiff’s calculations and opinions on damages. The court denied both of these cross-motions.

See Also

Innovation Ventures, L.L.C. v. Custom Nutrition Labs., L.L.C.

This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness on the basis of Daubert and the Federal Rules of Evidence. The plaintiff’s expert offered testimony on how to calculate lost profits based on the plaintiff’s market share. The defendant’s expert offered testimony as to weaknesses in the plaintiff’s calculations and opinions on damages. The court denied both of these cross-motions.