Tag: Damages
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Intellectual Property Valuation Expert Witness Reasonable Royalty Analysis Deemed Deficient
Judge Joshua Wolson of Delaware District Court noted that, “Economists love assumptions. One joke recites that a physicist, a chemist, and an economist find themselves on a desert island with a single can of food. The physicist offers to calculate the force needed to use a coconut to open the can. The chemist offers to…
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Accounting Expert Witness Testimony Found to Lack Understanding of the Type of Business at Issue
James Swain Rieves, who operated Platinum Vapor, LLC, doing business as Cloud 9 Hemp faced legal trouble when the Town of Smyrna Police Department (hereinafter “SPD”) discovered the sale of Cannabidiol (CBD) products by the business in May 2017. The Smyrna Police Departmentraided Cloud 9’s premises and seized tens of thousands of dollars ininventory, along…
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Economics Expert Witness Theory on Investment Performance Admitted
Plaintiff Joanna P. Mattson filed a legal action, both individually and on behalf of the Milliman, Inc. Profit Sharing and Retirement Plan, along with a class of participants and beneficiaries affected by the alleged misconduct of the Milliman Defendants. The lawsuit is based on a claim of breach of fiduciary duty under the Employee Retirement…
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Accounting Expert Witness’ Two-Party Market Analysis Admitted
Hayward Industries, Inc. (the Plaintiff), a company in the pool industry, filed a complaint against competitors (the Defendants) over the sale of aftermarket replacement salt cells for use in Plaintiff’s chlorine generator systems. Chlorine generators, also known as “salt cell systems,” convert dissolved salt into chlorine to sanitize pools. Chlorine generator systems replace the need…
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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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Court refuses to exclude expert opinion on damages for tools, equipment and inventory amidst claims of trade secret misappropriation
This case involved a dispute between Tankmax, Inc. (Tankmax) and its former employee, Wayne Duran, as well as Duran’s new company, American Gas Services LLC (AGS). Tankmax sued Duran and AGS for violations of trade secret laws, computer fraud, tortious interference, unjust enrichment, breach of fiduciary duties and conversion.Wayne Duran was employed by Tankmax and…
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Court Finds Construction Expert’s Testimony Regarding Causation, Damages, and Industry Standards Helpful Despite Limited Role in Underlying Insurance Claim Evaluation
This case involved an insurance dispute between Plaintiffs Bradford and Christy Boone (The Boones) and Defendant State Farm Fire and Casualty Company. The allegations centered around State Farm’s alleged failure to fulfill contractual obligations, engaging in bad faith practices, and committing constructive fraud in relation to the insurance claim made by the Plaintiffs. In April…
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Court admits Expert Testimony on the Value of NIL Rights in Broadcasts in this Antitrust Lawsuit
Consolidating separate cases involving student-athletes Sedona Prince, Grant House, and Tymir Oliver, the litigation contested National Collegiate Athletic Association (“NCAA”) regulations limiting student-athletes’ NIL (name, image, likeness) compensation. Plaintiffs alleged antitrust violations, asserting that these rules restrained fair compensation and artificially suppressed NIL prices. In June 2021, the Court dismissed some of Oliver’s claims seeking injunctive…
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Court admits the testimony of Industrial Hygiene & Mold Expert Witness with regard to source of water intrusions that caused the mold growth
Zahid Hotel Group, LLC, the owner of a LaQuinta Inn insured by AmGUARD Insurance Company, claimed extensive damage to the property following Hurricane Ida in August 2021. Although AmGUARD disbursed $1,032,617.92 for building repairs and mitigation, Zahid contended that the sum fell short of covering repair expenses and failed to compensate for business personal property…
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Methodology employed by the Business Valuation Expert Witness to compute damages passes the Daubert test amidst alleged violations of consumer protection laws
This case involved a dispute over the admissibility of expert testimony regarding damages in a lawsuit filed by Innovative Solutions International, Inc. (“Plaintiff”) against multiple Defendants, including Houlihan Trading Company, Inc. and Pilgrim’s Pride Corporation (“Pilgrims”). Pilgrims, a company involved in preparing and packaging chicken for resale, supplied chicken that went through several vendors before…
