Expert Trips Over Fundamental Damage Concepts

Business Valuation UpdateVol. 20 No. 4
Legal and Court Case Update
April 2014

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3841 Surgical and Medical Instruments and Apparatus
339112 Surgical and Medical Instrument Manufacturing
economic damages & lost profits, malpractice (appraisal)
daubert, admissibility, rule 702
Orthoflex, Inc. v. Thermotek, Inc.
2013 U.S. Dist. LEXIS 174670
December 10, 2013
US
Federal Court
Texas
United States District Court
Karl Weisheit (defendant/counterplaintiff); Scott Yates (plaintiffs/counterdefendants)
Fitzwater

Summary

Court strikes rebuttal testimony under Daubert, where expert admitted he lacked an understanding of the damages concepts central to the opposing expert’s calculation, failed to identify a specific method for his conclusions, and included his clients’ tria ...

See Also

Orthoflex, Inc. v. Thermotek, Inc.

Full Text of Court Cases
December 10, 2013

Court strikes rebuttal testimony under Daubert, where expert admitted he lacked an understanding of the damages concepts central to the opposing expert’s calculation, failed to identify a specific method for his conclusions, and included his clients’ tria ...

This article also appears in:
Business Valuation UpdateVol. 20 No. 4
The Comprehensive Guide to Economic Damages, Seventh Edition