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In a false advertising case, the defendant retained a Cornerstone Research expert to provide testimony on damages.

In a false advertising case, a manufacturer of vision improvement products brought suit against one of its competitors alleging that the defendant made false statements in advertising materials related to the launch of its new product. The defendant retained Dr. Matthew Lynde, a vice president of Cornerstone Research, to provide testimony on damages.

The jury rejected the plaintiff’s damages claim and returned a verdict consistent with Dr. Lynde’s estimates of lost profits.

Dr. Lynde identified several flaws in the opposing expert’s analysis of lost profits. He also showed that the plaintiff’s expert had failed to establish causation. Finally, Dr. Lynde examined reputational damages and found that these were not quantifiable in this matter.

The jury rejected the plaintiff’s damages claim, returned a verdict consistent with Dr. Lynde’s estimates of lost profits, and awarded no reputational damages.

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Matthew R. Lynde

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