How important are company specific assumptions?
The following case discusses:
*Company specific economic damage assumptions
* Computational errors in the economic damage calculation
From Blog 702
Cummings v. Standard Register Co., 265 F.3d 56 (1st Cir. 2001). Plaintiff's economic expert testifies to lost wages in discrimination suit. Admissibility affirmed.
Defendant argues economist should have used company-specific data re plaintiff's compensation, but on cross-examination, expert offered reasons for using data he did. According to the court documents, the defendant did not show how expert's assumptions were incorrect or unreasonable. Defendant also highlights computational error exposed during expert's testimony, but trial court permitted defendant to argue that point to jury.
Still, where jury returned award closely matching expert's original erroneous estimate and in excess of his corrected one, probability of jury confusion warrants remittitur to damages not exceeding corrected estimate.
*Company specific economic damage assumptions
* Computational errors in the economic damage calculation
From Blog 702
Cummings v. Standard Register Co., 265 F.3d 56 (1st Cir. 2001). Plaintiff's economic expert testifies to lost wages in discrimination suit. Admissibility affirmed.
Defendant argues economist should have used company-specific data re plaintiff's compensation, but on cross-examination, expert offered reasons for using data he did. According to the court documents, the defendant did not show how expert's assumptions were incorrect or unreasonable. Defendant also highlights computational error exposed during expert's testimony, but trial court permitted defendant to argue that point to jury.
Still, where jury returned award closely matching expert's original erroneous estimate and in excess of his corrected one, probability of jury confusion warrants remittitur to damages not exceeding corrected estimate.
posted by The Experts @ 6:22 PM
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