Flawed Lost Profits Analysis Leaves Plaintiff Bereft of Damages Evidence

Business Valuation UpdateVol. 22 No. 8
Legal and Court Case Update
August 2016

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1629 Heavy Construction, NEC
237990 Other Heavy and Civil Engineering Construction
contract
damages, lost profits, daubert, expert testimony, rule 702, projections, reasonable certainty, comparable
RMS of Wisconsin, Inc. v. S-K JV
2016 U.S. Dist. LEXIS 64224
May 16, 2016
US
Federal Court
Wisconsin
United States District Court
Michael Betters (plaintiff); Terence Rodgers (defendants)
Joseph

Summary

Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing comparability as to type of contract and scope of work and by using “ad hoc” method.

See Also

RMS of Wisconsin, Inc. v. S-K JV

Full Text of Court Cases
May 16, 2016

Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing ...

This article also appears in:
Business Valuation UpdateVol. 22 No. 8
The Comprehensive Guide to Economic Damages, Seventh Edition