Yador v. Mowatt

BVLaw
Full Text of Court Cases
September 11, 2024
7999 Amusement and Recreation Services, NEC
711190 Other Performing Arts Companies
economic damages & lost profits
damages, daubert, partnership agreement, trademark, comparable, summary judgment, unjust enrichment, covenant

Yador v. Mowatt
2024 U.S. Dist. LEXIS 163727
US
Federal Court
New York
United States District Court
Jeffrey Hart
Eric Komitee

Summary

The plaintiff’s damages expert was challenged in a Daubert motion in this case asserting that his use of historical data from two comparable companies as the basis for his revenue growth estimates amounted to “cherry picking” rather than using a survey or other independent method. The court allowed the testimony, noting that “‘any selection of comparable companies is inherently the product of expert judgment,’ and the record does not indicate that [the expert’s] judgment was biased or otherwise flawed.”
Yador v. Mowatt
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See Also

U.S. District Court (New York) Denies Daubert Challenge and Allows Testimony of DCF Method of Determining Damages

The plaintiff’s damages expert was challenged in a Daubert motion in this case asserting that his use of historical data from two comparable companies as the basis for his revenue growth estimates amounted to “cherry picking” rather than using a survey or other independent method. The court allowed the testimony, noting that “‘any selection of comparable companies is inherently the product of expert judgment,’ and the record does not indicate that [the expert’s] judgment was biased or otherwise flawed.”