Tag: Damages
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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…
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“Unexplained” Methodology employed by Accounting Expert Witness passes Daubert Test after Court notes that merits and drawbacks of the Methodology have been discussed
Plaintiffs BRP Colleague Inc. (“BRP Colleague”) and Baldwin Krystyn Sherman Partners, LLC (“BKS”) jointly referred to as “BRP,” had initiated legal proceedings against Defendants Edward (Teddy) Gillen (“Gillen”) and Edgewood Partners Insurance Center Inc. (“EPIC”) concerning Gillen’s prior association with BRP and his subsequent employment with EPIC, a direct competitor of BRP. BRP (together with…
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Damages cannot be awarded for speculative losses; Court limits testimony on lost wages and lost earning capacity of the Plaintiff
Plaintiff John Doe, who was referred to by a pseudonym by the Court, brought an action against the Trustees of Dartmouth College (“Dartmouth”) alleging that Dartmouth had violated Title IX of the Education Amendments of 1972 and had breached a contract by expelling him from Dartmouth’s Geisel School of Medicine. This expulsion followed Dartmouth’s determination…
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Court excludes unreliable pharmacology and neurology expert opinions in product liability case; grants summary judgment
In a lawsuit against Vitamin Shoppe, a man alleged its vitamin supplements containing arsenic and lead caused his peripheral neuropathy. He relied on his treating neurologist and a pharmacist to provide expert opinions on causation. The court excluded both experts, finding their methodologies failed to reliably account for the dosage of toxins consumed. Without admissible…
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Court partly admits the consumer survey research and damages findings presented by the defense experts in trademark infringement suit
In this trademark infringement case over the RED GOLD mark, the court ruled on motions to exclude expert testimony. The Plaintiff, Solid 21, sought to exclude survey findings by the Defendants’ expert Mark Keegan regarding whether consumers identified “red gold” as a brand in ads. The Court denied this motion, finding Keegan qualified and his…
