Orthoflex, Inc. v. Thermotek, Inc.

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December 10, 2013

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3841 Surgical and Medical Instruments and Apparatus
339112 Surgical and Medical Instrument Manufacturing
economic damages & lost profits, malpractice (appraisal)
daubert, admissibility, rule 702
Orthoflex, Inc. v. Thermotek, Inc.
2013 U.S. Dist. LEXIS 174670
US
Federal Court
Texas
United States District Court
Karl Weisheit (defendant/counterplaintiff); Scott Yates (plaintiffs/counterdefendants)
Fitzwater

Summary

Court strikes rebuttal testimony under Daubert, where expert admitted he lacked an understanding of the damages concepts central to the opposing expert’s calculation, failed to identify a specific method for his conclusions, and included his clients’ tria ...
Orthoflex, Inc. v. Thermotek
PDF, Size: 777 KB

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This article also appears in:
The Comprehensive Guide to Economic Damages, Seventh Edition
Daubert Challenges: The Courts Raise the Bar