Select Comfort Corp. v. Tempur Sealy Int’l, Inc.

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September 28, 2016

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2515 Mattresses, Foundations, and Convertible Beds
337910 Mattress Manufacturing
economic damages & lost profits
Select Comfort Corp. v. Tempur Sealy Int’l, Inc.
2016 U.S. LEXIS 133828
US
Federal Court
Minnesota
United States District Court
Joseph D. Kenyon (plaintiff); Jeffrey A. Stec (defendant Tempur Pedic), Kristopher A. Boushie (defendant Mattress Firm)
Frank

Summary

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.
Select Comfort Corp. v. Tempur Sealy Int’l, Inc.
PDF, Size: 247 KB

See Also

Court Disapproves of Use of Damages Model to Establish Liability

Court Case Digests
September 28, 2016

In false advertising suit, court finds plaintiff expert’s narrowly tailored disgorgement calculation is admissible under Daubert; but court rejects “high-end” damages model based on profits from sale of products not targeted by defendant’s advertising.

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