Expert’s Loss-of-Use Computation Holds Up on Appeal
In summary (non-precedential) order, appellate court upholds $11.7 million loss of use award arising out of a collision at sea between defendants’ cargo vessel and plaintiffs’ unique dredge, finding the district court “permissibly determined” there was as ...
Wallace v. Kalniz
Appellate court affirms pretrial decision to strike economist expert’s opinion as to business loss under Rule 702; although the trial court erred when it found the expert unqualified to perform a business valuation, it was right to find his calculations ...
Marine Travelift, Inc. v. Marine Lift Systems, Inc.
In Daubert challenge, court finds expert testimony that validates, without any independent analysis, potential loss projections created by plaintiff’s executives is irrelevant and unreliable; the expert failed to examine the underlying assumptions and any ...
MyGallons LLC v. U.S. Bankcorp
Fourth Circuit strikes down as “unsupportable” a $4 million lost profits award in a defamation suit; plaintiff’s first expert, a marketing professor, presented inadmissible growth projections that “ignore business realities”; as they formed the basis for ...
Court Accepts Cost Approach to Calculate Value of Lost Business
Fifth Circuit affirms lower court’s use of adjusted replacement cost as measure of damages where parties disagreed on how to calculate fair market value (FMV) of destroyed business; no market for the unique used facility exists and the value of used compo ...
Great Lakes Business Trust v. M/T Orange Sun (II)
In summary (non-precedential) order, appellate court upholds $11.7 million loss of use award arising out of a collision at sea between defendants’ cargo vessel and plaintiffs’ unique dredge, finding the district court “permissibly determined” there was as ...
