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No ‘Circular Reasoning’ in Expert’s Lost Profits Calculation

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

Packgen v. Berry Plastics Corp. (II)

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

No ‘Circular Reasoning’ in Expert’s Lost Profits Calculation

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

Court Emphasizes Benefit of Hindsight in Evaluating Loss Period

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

Packgen v. Berry Plastics Corp. (I)

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

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