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
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.