News Blog

Litigation Services Bulletin - Summer 2013

Posted 2:51 PM by

In This Issue:

Reducing Client Costs in Civil Litigation
While one of the primary objectives of the United States civil justice system is to provide the parties with speedy and inexpensive resolutions, those that have been involved in litigation know this is rarely the case. By Jay R. Cunningham, CPA

Damages Expert Can Present Alternative Theory of Damages
The plaintiff, who owns patented technology for cleaning automotive intake systems, filed infringement claims against the defendant, which sells products for automotive maintenance and cleaning.

Expert’s Unconventional Method to Forecast Lost Profits Satisfies Daubert
Each party disputed a breach of a 2003 exclusive distribution agreement. The plaintiff’s expert, a certified public accountant and credentialed business appraiser, prepared an initial report that assumed the contract would have remained in effect indefinitely and projected lost profits over 70 years.

Patent Experts Have Limited Latitude to Comply with New Damages Standards
The first decision in this malpractice case concerns the defendant’s Daubert motion against the plaintiff’s damages expert; the second involves a motion to dismiss all claims based on the same alleged flaws in the expert evidence.

Expert’s Damages in Cookie Case … Crumbles
In a new Daubert decision, Judge Richard Posner of the U.S. Court of Appeals for the 7th Circuit continues on his judicial quest for tightening the gatekeeping role in patent cases.


Katz, Sapper & Miller’s Litigation Services Bulletin is a quarterly newsletter that focuses on the latest developments in litigation services and financial damages expert consulting.