‘Undue’ Scrutiny of Expert’s Data Triggers Erroneous Exclusion
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Manpower, Inc. v. Insurance Co. of Pennsylvania (III)
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Expert’s ‘Judgment’ in Selecting Growth Rate Needs Proof of Guiding Principles
Court declines to reconsider Daubert ruling, finding the expert failed to support his selection of the growth rate in lost profits calculations with reliable, guiding principles.
Manpower, Inc. v. Insurance Co. of Pennsylvania (II)
Court declines to reconsider Daubert ruling, finding the expert failed to support his selection of the growth rate in lost profits calculations with reliable, guiding principles.
Expert’s Analysis of Business Interruption Loss Breaks Over Selection of Growth Rate
Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rate from a short (five-month) period prior to the business injury.
Manpower, Inc. v. Insurance Co. of Pennsylvania (I)
Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.
B.S.S.B. Inc. v. Owners Insurance Co.
Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.
Daniel Gates v. State Automobile Mutual Insurance Company
The Tennessee Court of Appeals determined how covered loss should be calculated under a business interruption insurance policy. It found that net income was “earned” when the contract was made, regardless of when payments under that contract were received ...
Sun Insurance Marketing Inc. v. AIG Life Insurance Co.
This cause came before the Court upon Defendants' Motion for Partial Summary Judgment (Dkt. #58) and Plaintiff's response thereto (Dkt. #60).