Analysis of Daubert Motions

Jack Tyler Engineering Co. v. Colfax Corp., 2013 U.S. Dist. LEXIS 51603 (April 10, 2013)
In a contract dispute, the plaintiff’s expert used the discounted cash flow method (DCF) to calculate lost profits. In its Daubert motion, the defendant took no issue with the method as such, but contended that the expert’s reliance on numerous unfounded assumptions rendered the analysis unreliable.

Breach of Contract for Pre-Construction Development Insufficient Grounds for Developer’s Lost Profits Claim

Citadel Group Ltd. v. Washington Regional Medical Ctr., 692 F.3d 580 (7th Cir. 2012)
United States Court of Appeals, Seventh Circuit: Opinion Delivered Aug. 15, 2012
Citadel Group Limited (“Citadel”), a real estate developer with a focus on the healthcare industry, alleged that Washington Regional Medical Center (“Washington Regional”), a non-profit company that operates medical facilities,

Sound Evidence Required for Lost Profits Claim

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., 2013 U.S. Dist. LEXIS 43992 (March 28, 2013)
In this patent infringement suit in federal court (D. Conn.), the plaintiffs claimed lost profits, in addition to reasonable royalty damages, but their expert stumbled when he tried to show causation to lost sales by calculating the market share allocation the plaintiffs would have had “but for” the defendant’s infringing products.