Bextermueller News Distribs., Inc. v. Lee Enters.

BVLaw
Full Text of Court Cases
December 28, 2023
2711 Newspapers: Publishing, or Publishing and Printing
513110 Newspaper Publishers
economic damages & lost profits
calculating damages, damages, lost profits, breach of contract, expert testimony, rule 702, reliability, lost revenue, covenant

Bextermueller News Distribs., Inc. v. Lee Enters.
2023 U.S. Dist. LEXIS 229847; 2023 WL 900091
US
Federal Court
Missouri
United States District Court
Melissa Gragg, CVA, MAFF
Shirley Padmore Mensah (Magistrate Judge)

Summary

In determining damages, the plaintiffs’ damages expert used a method of determining damages revolving around a calculation of lost revenue. The defendants argued the testimony was irrelevant and unreliable because the lost revenue calculations were based on the erroneous premise that the plaintiffs were entitled to recover, as damages, delivery fees for digital subscribers to a newspaper. The court disagreed and excluded the expert’s testimony under Rule 702.
Bextermueller News Distribs., Inc. v. Lee Enters.
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See Also

Plaintiff Expert Is Excluded—Lost Revenue Calculation Is Not an Approach Allowed for Damages in Missouri (Rule 702 Exclusion)

Plaintiff news carriers operated as home delivery carriers under a contract with the defendant newspaper. Around 2017, the defendant began offering an electronic version of the newspaper, allegedly breaching the exclusive territorial provisions of the contract with the carriers. In determining damages, the plaintiffs’ damages expert used a method of determining damages revolving around a calculation of lost revenue. The defendants argued her testimony was irrelevant and unreliable because her lost revenue calculations were based on the erroneous premise that the plaintiffs were entitled to recover, as damages, delivery fees for every digital subscriber. The court disagreed and excluded the expert’s testimony under Rule 702.