Category Archive: Damages

Aug 27

Lack of Receipts Sinks Class Action Certification

The Northern District of California recently denied class certification related to claims of improper marketing and advertising of Fresh Step cat litter (In Re Clorox Consumer Litigation, Case No. 12-00280-SC (N.D. Cal. July 28, 2014) (ECF No. 129)). One of the reasons was a failure to establish a class that was sufficiently ascertainable, as plaintiffs …

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Permanent link to this article: http://betweenthenumbers.net/2014/08/lack-of-receipts-sinks-class-action-certification/

Jul 09

Daubert Provides For Liberal Admission Of Expert Testimony

The 8th Circuit Court of Appeals has reversed a district court decision to grant summary judgment based on excluding three plaintiff experts regarding causation.  While the district court ruled the experts did not reliably exclude alternative causes of injury and therefore their testimony was inadmissible under Daubert, the Court of Appeals concluded that this was …

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Permanent link to this article: http://betweenthenumbers.net/2014/07/daubert-provides-for-liberal-admission-of-expert-testimony/

Jun 25

Ninth Circuit Issues Reminder on Daubert: Trial Court Is A Gatekeeper, Not A Fact Finder

In a recent case involving the City of Pomona (“Pomona”) v. SQM North America Corporation (“SQM”), Pomona alleged that SQM’s importation of sodium nitrate for fertilizer caused a perchlorate contamination in the city.  Although the district court excluded under Daubert the expert testimony of Pomona’s expert witness on causation, the Ninth Circuit reversed the ruling, …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/ninth-circuit-issues-reminder-on-daubert-trial-court-is-a-gatekeeper-not-a-fact-finder/

Jun 12

First Circuit Disallows Event Study Which Fails to Connect to Key Events

An event study provides the basis for identifying movements that can attributed to specific events and illustrate how the public markets react (or fails to react) to a specific event.  Identifying and measuring such activity can substantiate (or counter) a claim for economic damages. In Bricklayers & Trowel Trades Int’l Pension Fund v. Credit Suisse …

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Permanent link to this article: http://betweenthenumbers.net/2014/06/first-circuit-disallows-event-study-which-fails-to-connect-to-key-events/

May 15

Spring Break Turns Sour for Investor

In the matter of Division Entertainments, LLC and Wicks Walker v. Spring Breakers LLC and Muse Productions, Inc. et al., Mr. Walker asserts that he was denied a return of his investment, along with an additional profit, because of Defendants’ breach of contract via improper business practices and faulty accounting.  Mr. Walker, a technology entrepreneur …

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Permanent link to this article: http://betweenthenumbers.net/2014/05/spring-break-turns-sour-for-investor/

May 14

New Federal Option to Fight Trade Secret Theft

A bipartisan bill by U.S. Senators Chris Coons and Orrin Hatch called the Defend Trade Secrets Act was recently introduced to build on the Economic Espionage Act of 1996 and create a federal private right-of-action for theft of corporate trade secrets, providing the same federal protections available for patents, trademarks, and copyrights. The bill’s sponsors estimate …

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Permanent link to this article: http://betweenthenumbers.net/2014/05/new-federal-option-to-fight-trade-secret-theft/

Apr 03

Non-competitor can get false advertising damages

In Lexmark Int’l, Inc. v. Static Control Components, Inc., (U.S., No. 12-873, 3/25/14), the U.S. Supreme Court recently determined that a company can assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can “show economic or reputational injury flowing directly from the deception wrought by the defendant’s …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/non-competitor-can-get-false-advertising-damages/

Apr 02

Disgorgement remedy potentially broadened by Second Circuit

In a sharply-divided 2-1 vote, the Second Circuit Court of Appeals found that a civil disgorgement amount can exceed the profit that the defendant received. Although the case facts and Opinion directly involved insider trading in an action brought by the Securities and Exchange Commission, the rationale could presumably be applied in other wrongful conduct. …

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Permanent link to this article: http://betweenthenumbers.net/2014/04/disgorgement-remedy-potentially-broadened-by-second-circuit/

Mar 19

New Path for Accelerated Discovery Requires Immediate Expert Assistance

The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases.  The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s production of …

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Permanent link to this article: http://betweenthenumbers.net/2014/03/new-path-for-accelerated-discovery-requires-immediate-expert-assistance/

Feb 05

Recovering Investor Confidence After a Restatement

When a financial restatement is necessary, it is not surprising that investors will take some time to regain trust and give full credit to future earnings announcements.  A recent study, developed through a collaboration of professors from Singapore Management University and Boston College, suggests that the three quarter rebuilding period described in prior research may be …

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Permanent link to this article: http://betweenthenumbers.net/2014/02/recovering-investor-confidence-after-a-restatement/

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