Washington v. Kellwood Co. (II)

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July 15, 2016

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5136 Men's and Boys' Clothing and Furnishings
423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers
economic damages & lost profits
lost profits, breach of contract, daubert, expert testimony, admissibility, reliability, lost business value, license agreement
Washington v. Kellwood Co. (II)
2016 U.S. Dist. LEXIS 92309
US
Federal Court
New York
United States District Court
Scott Barnes (plaintiffs); Gary Trugman (defendant)
Netburn

Summary

Court strikes down multimillion-dollar lost profits award, finding it was based on expert testimony that was “sheer surmise and conjecture”; using yardstick method, expert claimed upstart company would have achieved 50% of sales of market leader.
Washington v. Kellwood Co. (Kellwood II)
PDF, Size: 269 KB

See Also

Court Sets Aside Big Lost Profits Award Based on Bad Yardstick Analysis

Court Case Digests
July 15, 2016

Court strikes down multimillion-dollar lost profits award, finding it was based on expert testimony that was “sheer surmise and conjecture”; using yardstick method, expert claimed upstart company would have achieved 50% of sales of market leader.

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