Tag: Calculations
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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…