Court Emphasizes Benefit of Hindsight in Evaluating Loss Period

Business Valuation UpdateVol. 20 No. 12
Legal and Court Case Update
December 2014

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3089 Plastics Products, NEC
326199 All Other Plastics Product Manufacturing
contract
daubert, expert testimony, economic damages & lost profits, refinery, loss period, statistics
Packgen v. Berry Plastics Corp. (I)
2014 U.S. Dist. LEXIS 127708
September 12, 2014
US
Federal Court
Maine
United States District Court
Mark G. Filler (plaintiff); Nancy Fannon (defendants)
Woodcock, Jr.

Summary

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

See Also

Packgen v. Berry Plastics Corp. (I)

Full Text of Court Cases
September 12, 2014

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

This article also appears in:
Business Valuation UpdateVol. 20 No. 12
The Comprehensive Guide to Economic Damages, Seventh Edition