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Defense damages experts – Developing a winning strategy


SKU: VLBso111. Category: .


Abstract: In cases involving monetary damages, a critical strategic decision for the defense is whether to engage a damages expert. It may seem inadvisable to let the plaintiff’s damages calculations go uncontested, but presenting one’s own damages evidence can send mixed signals to the jury, particularly if liability is being denied. This article lists three options the defense has, and looks at two cases that illustrate the potential risks and rewards of challenging the plaintiff’s damages expert without presenting an alternative damages estimate. Citation: FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2007 U.S. Dist. LEXIS 19517 (N.D. Ill. 2007) [Quoting Empire Gas Corp. v. American Bakeries Co., 840 F.2d 1333, 1242 (7th Cir. 1988)]; FMS, Inc. v. Volvo Construction Equipment North America, Inc., 2009 U.S. App. LEXIS 4938 (7th Cir. 03/04/2009); Sossikian v. Ennis, No. A119693 (Cal. App. Dist. 1 07/16/2009)

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