Packgen v. Berry Plastics Corp. (II)

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February 1, 2017

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3089 Plastics Products, NEC
326199 All Other Plastics Product Manufacturing
contract
damages, lost profits, daubert, expert testimony, admissibility, causation, reliability, loss period
Packgen v. Berry Plastics Corp. (II)
2017 U.S. App. LEXIS 1793
US
Federal Court
1st Circuit
United States Court of Appeals
Mark G. Filler (plaintiff); Nancy Fannon (defendants)
Torruella

Summary

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.
Packgen v. Berry Plastics Corp. (Packgen II)
PDF, Size: 42 KB

See Also

No ‘Circular Reasoning’ in Expert’s Lost Profits Calculation

Court Case Digests
February 1, 2017

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

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