The Kayo Corp. v. Fila U.S.A., Inc.
- Alvin Hellerstein
- 1:18-cv-03981
- U.S. District Court · Southern District of New York
- 2
In The Kayo Corp. v. Fila U.S.A., Inc., Judge Hellerstein admitted expert reports and scheduled a motion about lost-profits evidence.
The Kayo Corp. and Fila U.S.A., Inc., the parties to the damages-related proceedings.
What happened
In The Kayo Corp. v. Fila U.S.A., Inc., the court held a hearing about damages issues on December 1, 2021. Fila U.S.A., Inc. asked the court to exclude all of The Kayo Corp.’s expert report, called the Stark Report.
The court denied that request and ruled that the expert reports could be admitted. The court said specific, relevant objections to the experts’ opinions could be addressed through questioning at trial rather than through an expert-qualification challenge.
The court also allowed Fila U.S.A., Inc. to file a motion seeking to exclude evidence of lost profits because those profits might not be recoverable under New York law. Judge Hellerstein set deadlines for that motion and scheduled argument, along with discussions about the final pretrial conference and trial.
The detailed version
- The Kayo Corp. v. Fila U.S.A., Inc. · No. 1:18-cv-03981
- Alvin Hellerstein
- Dec. 1, 2021
Background
The court held oral argument about damages issues. Fila U.S.A., Inc. sought to exclude all of The Kayo Corp.’s expert report, identified as the Stark Report.
Expert Evidence Ruling
The court denied Fila’s request to exclude the entire report and ruled that the expert reports were admissible. The court stated that any specific and relevant objections to the opinions could be addressed through cross-examination, meaning questioning the expert, rather than through a challenge to the expert’s qualifications under Daubert v. Merrell Dow Pharmaceuticals, Inc. and related decisions.
Lost-Profits Motion and Scheduling
The court ruled that Fila could file a motion to exclude evidence of lost profits because such profits might not be recoverable under New York law. The court set December 17, 2021, for Fila to file the motion; January 14, 2022, for The Kayo Corp. to oppose it; and January 21, 2022, for Fila to reply. The court scheduled argument on the motion for February 1, 2022, along with scheduling of the final pretrial conference and trial. The order does not state how the lost-profits motion was ultimately resolved.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.