Can You Prove Lost Profits With Only Five Months of Sales Data?
Court confirms admission of expert’s damages calculations, despite their reliance on only five months of pre-contract sales data.
BC Technical, Inc. v. Ensil International Corporation
Court confirms admission of expert’s damages calculations, despite their reliance on only five months of pre-contract sales data.
Expert Must Apportion Patent Damages Under Entire Market Value Rule
Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing: (1) to establish the patented software as the basis for consumer demand of Microsoft Outlook; or (2) specifically apportioning damages between the paten ...
Lucent Technologies, Inc. v. Microsoft Corp. (III)
Federal district court precludes expert’s patent infringement damages under Uniloc standard for failing 1) to establish the patented software as the basis for consumer demand of Microsoft Outlook; or, 2) specifically apportioning damages between the paten ...
Lessons From Daubert: Verify Client Projections, Comparables, and Causation
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.
De Lage Landen Operational Services, LLC v. Third Pillar Systems
Court strikes expert evidence under Daubert in trade secrets case, because expert failed to pinpoint date on which misappropriation began—a “vital” requirement when applying the Georgia-Pacific framework.
Butler/Pinkerton Calculator Meets First Daubert Challenge in Federal Court
Federal Court confirms that the Butler-Pinkerton Calculator passes the Daubert standard.
Valuing Director Guaranties in Bankruptcy: Using a Put Option Approach
Bankruptcy court confirms reorganization plan based in large part on “put option” approach to valuing corporate insider guaranties.
Victory Records, Inc. v. Virgin Records America, Inc.
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.
First-Time Lost Profits Expert Challenged for Using Ibbotson Multiples
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
LaserDynamics, Inc. v. Quanta Computer, Inc. (IV)
Federal court excludes defendant’s damages expert under Daubert for offering an opinion regarding available, non-infringing alternatives to the patents in suit without providing any facts supporting whether such alternatives in fact existed and whether th ...
Insignia Systems, Inc. v. News America Marketing In-Store, Inc.
Federal district court denies Daubert challenge to plaintiff’s lost profits expert, finding his reliance on optimistic management projections and comparable companies were better suited for cross-examination rather than exclusion.
Alamar Ranch, LLC v. County of Boise
Federal Court confirms that the Butler-Pinkerton Calculator passes the Daubert standard.
In re Capmark Financial Group
Bankruptcy court confirms reorganization plan based in large part on “put option” approach to valuing corporate insider guaranties.
Metro Tech Corp. v. TUV Rheinland of N.A.
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
Mississippi High Court Rejects Earnings Capacity Approach
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Rebelwood Apts. RP, LP v. English
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Lyondell Chem. Co. v. Occidental Chem. Corp.
In hazardous waste litigation, appeals court says expert’s Monte Carlo-based analysis to allocate cleanup costs met Daubert requirements; method is reliable in general and EPA endorsed Monte Carlo as tool for environmental risk assessment, court says.
Damages Experts Lose the Daubert Battle in Deposition
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Lock Realty Corp. v. U.S. Health, LP
An otherwise qualified valuation expert loses Daubert challenge for failing to consider all three valuation approaches in assessing healthcare industry lease.
Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.