In a matter before the AAA, CRA experts were retained on behalf of a healthcare group regarding a breach of contract dispute. The expert’s report and testimony addressed material flaws in a series of adjustments applied to respondent’s calculation of earnings before interest, taxes, depreciation, and amortization. CRA also identified flaws in the damages analysis of respondent’s expert including the reliance on transactions that were not comparable.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...