Category: Accounting Expert Witness
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Economics Expert’s Opinion on Copyright Damages Excluded
Plaintiff The Upper Deck Company (“Upper Deck”) sued its former contractor, Ryan Miller (“Miller”), and its competitor, Ravensburger North America Inc. (“Ravensburger”), for claims arising from the alleged copying of Upper Deck’s new trading card game (“TCG”), Rush of Ikorr. Miller filed motions to exclude Plaintiff’s expert witnesses Dr. Roberto J. Cavazos and Dr. Ian Bogost while…
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Accounting Expert’s Opinions on the Potential Damages Admitted
Go Global Retail sued Defendants Dream On Me Industries and Dream On Me, Inc. (collectively DOM) for misappropriation of trade secrets, breach of contract, and unjust enrichment. Go Global is a “private equity and brand investment firm” that often buys up “distressed retail assets.” It uses its in-house research and industry know-how to try to spot…
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Food Science Expert’s Testimony on the Condition of Berries Excluded
This case involves a breach of contract claim and a negligence claim regarding Stahlbush’s sale of black raspberries to Bama. Bama principally manufactures food products for the quick service restaurant industry. The dispute was over whether Stahlbush berries used by Bama in pies it produced were contaminated with stones. Plaintiff filed a motion in limine…
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Accounting Expert’s Alter Ego Opinion Excluded
Plaintiffs NetJets Aviation, Inc., NetJets Sales, Inc., and NetJets Services, Inc. brought this action for declaratory judgment. NetJets sought a declaration that Defendants Stephen G. Perlman and the Stephen G. Perlman Revocable Trust are the alter egos of RS Air, LLC, a bankrupt entity. NetJets obtained a judgment of over $1.7 million against RS Air…
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Accounting Expert’s Testimony on Overhead Costs Excluded
This case arises from a contract between The Bama Companies, Inc., a manufacturer of baked goods, and Stahlbush Island Farms, Inc., a farmer and food processor, for the purchase of approximately 130,710 pounds of berries for a mixed berry and lemon cream pie Bama would supply for McDonald’s restaurants. Bama claimed that it was forced…
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Accounting Expert’s Opinions on Lost Profits Admitted
Plaintiffs Hadek Protective Systems B.V. and Hadek Protective Systems, Inc. (collectively “Hadek”) asserted in this action that Defendant Ergon Asphalt & Emulsions, Inc. (“Ergon”) breached a Master Agreement between the parties regarding the sale and distribution of PENNGUARD® Block Lining System Products made by Ergon (the “Master Agreement”). By its choice, Hadek’s sales were limited to PENNGUARD®…
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Accounting Expert’s Testimony on Business Expenses Admitted
De Tomaso Automobili Holdings N.A. LLC (“De Tomaso”) creates, develops, and sells luxury automobiles. Norman Choi is its current owner. Ryan Berris is its former Chief Executive Officer and Chief Marketing Officer. Berris sued Choi and De Tomaso for, inter alia, breach of contract and wrongful discharge. Berris sued Choi and De Tomaso for, inter alia, breach…
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Fabrics Expert Allowed to Testify About the Value of Clothing Fabric
This action arises from Michael’s Fabric’s LLC’s claim for loss of its inventory of high-end fabrics caused by water damage that was submitted under its insurance policy with Defendant Donegal Mutual Insurance Company. Ultimately, Plaintiff contended “Defendant has intentionally, maliciously and wrongfully denied the claim by Michael’s for replacement value of the inventory.” Defendant filed…
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Any Rule 26 Violation in the Accounting Expert’s Disclosure was Substantially Justified
Plaintiffs Michael Sutherland and Comfy Materials LLC sued Defendant Wellshow Machining Parts, Inc. for copyright infringement and false advertising relating to Defendant Wellshow’s Amazon listings of itscompeting products. Per the Amended Case Management and Scheduling Order, Plaintiffs disclosed one expert witness, Charleen Purdy, on March 14, 2025, who will “opine on Plaintiffs’ economic losses in connection…
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Statistics Expert’s Testimony on Discriminatory Employment Decisions Limited
The Plaintiffs had been employed by the Metropolitan Government of Nashville and Davidson County, Tennessee. They alleged in their lawsuits that, on May 4, 2020, they were either terminated or demoted for discriminatory reasons, and brought claims asserting many of the same legal violations. The Defendants filed two motions to exclude the testimony of Plaintiffs’…
