Failure to Test Causation Narrative Clouds Analysis of Lost Profits

Business Valuation UpdateVol. 21 No. 7
Legal and Court Case Update
July 2015

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3531 Construction Machinery and Equipment
333120 Construction Machinery Manufacturing
economic damages & lost profits
lost profits, breach of contract, expert testimony, admissibility, causation, rule 702, reliability, federal rules of evidence (FRE), lost revenue
Am. Aerial Servs. v. Terex United States
2015 U.S. Dist. LEXIS 55997
April 29, 2015
US
Federal Court
Maine
United States District Court
Reginald Perry (plaintiff); unknown (defendants)
Levy

Summary

Court strikes parts of lost profits opinion, finding expert adopted plaintiff’s causation theory, “pinning the company’s overall financial performance” on defendants’ allegedly defective crane without offering supporting data or methodology to test theory ...

See Also

Am. Aerial Servs. v. Terex United States

Full Text of Court Cases
April 29, 2015

Court strikes parts of lost profits opinion, finding expert adopted plaintiff’s causation theory, “pinning the company’s overall financial performance” on defendants’ allegedly defective crane without offering supporting data or methodology to test theory ...

This article also appears in:
Business Valuation UpdateVol. 21 No. 7
The Comprehensive Guide to Economic Damages, Seventh Edition