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.”