My Imagination v. M.Z. Berger & Co. (II)

Full Text of Court Cases
January 18, 2019
5112 Stationery and Office Supplies
424120 Stationery and Office Supplies Merchant Wholesalers
economic damages & lost profits
lost profits, breach of contract, expert testimony, projections, reasonable certainty, but for causation, license agreement

My Imagination v. M.Z. Berger & Co. (II)
2019 U.S. Dist. LEXIS 8815
Federal Court
United States District Court
Rodney Crawford (plaintiff); unknown (defendant)


Court denies plaintiff’s motion for reconsideration, affirming earlier finding that the expert did not offer an opinion as to damages for loss of business value; expert never offered any opinion of business’s value at any time, court says.
MY Imagination v. M.Z. Berger (II)
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Court says plaintiff fails New York test for lost profits; plaintiff lacks coherent damages theory and, by its own admission, is unable to do more than speculate about future profitability; expert calculation represents “the sort of conjecture the reasonable certainty standard prohibits.”