Tag: Calculations
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Statistics Expert Witness’ Damages Calculation Limited Because She Included Extended Gap Periods in Her Analysis
Defendant, New Prime, Inc., is a commercial trucking company, and its drivers are required to have a Commercial Driver’s License (“CDL”). It designates its CDL-licensed drivers as A seat, B seat, and C seat. B and C seat drivers are paired with an A seat driver until they attain enough experience to be an A…
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Accounting Expert Witness’ Opinions on Future Lost Wages Excluded as He Doubly Accounts for Inflation
This case concerns a trip-and-fall accident. Pedero Sanders alleged that, on November 8, 2022, he was employed by Weeks Marine as a Jones Act seaman assigned to the dredge JS Chatry. He claimed that, in the course of his work, he tripped and fell while retrieving supplies from a shack on land. According to Sanders, the supply…
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Accounting Expert Witness’ Report Indicated Missing Data Points
Between 1983 and 1986, MSI, a music company solely owned by Nealy, engaged a number of recording artists and created a catalog of popular sound recordings and musical compositions. MSI was administratively dissolved in 1986, and Nealy was arrested and later sentenced to a twenty (20) year prison term in late 1988. During Nealy’s first…
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Pensions Expert Witness’ Testimony on Benefits under ERISA’s Accrual Rules Admitted
Plaintiffs bring this suit under the Employee Retirement Income Security Act (ERISA). ERISA’s central object is to “protect employees’ justified expectations of receiving the benefits their employers promise them.” This case centers on the Coastal Transition Benefit, a benefit formula that originated in the Coastal Plan and that, through a series of corporate transactions, now…
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Testimony of Finance Expert Witness Limited Because It Is Based on the Assumption That Economic Damages Are Inclusive of Lost Wages
Plaintiff, Paul Sullivan was employed as a GSI Analyst II in the City’s Public Works Department. His employment was terminated as part of a reduction in force (“RIF”). During a restructuring of the Public Works Department, which led to the RIF, the City eliminated both of its GIS Analyst II positions, one of which was…
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Court Refuses to Exclude Meteorology Expert Witness’ Conclusion about Wind Damage
A district judge in Nevada admitted the testimony of an expert meteorologist despite lack of certain tests or calculations. In 2003, the Mindens purchased a new high-end custom home in Henderson, Nevada, where they have resided since then. They maintained an active insurance policy over the property through Allstate. A sudden storm hit the property…
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Marketing Expert Witness’ Survey Estimating the Likelihood of Consumer Confusion Held to be Reliable
Maker’s Mark entered into a Licensing Agreement with Spalding Group gransting an exclusive license to use its trademarks to create and sell cigars seasoned with its bourbon (the “Licensed Cigars”). After renewing the agreement a few times, in 2013, Maker’s Mark notified Spalding that it was terminating the license effective December 31, 2015. Spalding Group…
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Business Administration and Management Expert Witness Testimony found Inadmissible for not Establishing a Method to Calculate Damages
Plaintiff Kristina Cleaver initiated legal proceedings against her former employer, Transnation Title & Escrow, Inc. dba Fidelity National Title Company (“Fidelity”) based on an accusation of gender discrimination, purportedly in violation of both federal and state laws. Fidelity, identified as a title and escrow company specializing in real estate transactions in collaboration with real estate…
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Court rejects lost revenue calculations proffered by Valuation Expert Witness citing lack of consistency with Missouri contract damages law
This legal scenario revolves around a dispute between newspaper carriers, Bextermueller News Distributors, Inc., and Tom Richards, and the Defendants, Lee Enterprises, Inc., Lee Enterprises Missouri, Inc., Pulitzer, Inc., St. Louis Post-Dispatch, LLC. The carriers had agreements granting them exclusive rights to deliver St. Louis Post-Dispatch newspapers in specified geographic areas. Allegedly, the Defendants breached…
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Experts are not obligated to present invoices, statements and documents in support of their testimony; Court refuses to exclude the testimony of Finance Expert Witness
Plaintiffs Rearden LLC and MOVA LLC (collectively “Rearden”) sued Defendants The Walt Disney Company and related entities Walt Disney Motion Pictures Group, Inc.; Walt Disney Pictures; Buena Vista Home Entertainment, Inc.; Marvel Studios LLC; Mandeville Films, Inc.; Infinity Productions LLC; and Assembled Productions II LLC (collectively “Disney”) for contributory copyright infringement, vicarious copyright infringement, and…
