Monday, September 12, 2011

Damages Expert Opinion Based on "50% Profit Sharing Rule" Was Not Unreliable

The court denied in part plaintiff's motion to strike the second supplemental report of defendant's damages expert even though the expert relied on "a 50% profit sharing rule" that plaintiff argued was "not based on an authoritative source." "[T]he record demonstrates that [defendant's expert] based her opinion regarding the general expectation for a company during a negotiation upon her 'review of thousands of agreements over the 33 years of [her] career.' The court concludes that [the expert's] experience in reviewing comparable agreements is sufficient to establish the reliability of her methodology."

Solvay S.A. v. Honeywell Specialty Materials LLC, et. al., 1-06-cv-00557 (DED September 8, 2011, Order) (Robinson, J.)

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