AbitibiBowater, Inc. (fka ABWTQ)

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At trial the district court allowed expert testimony by an accountant on
lost profits based upon representations from the plaintiff’s management on
the mix of sales. On appeal, the First Circuit found that other evidence in
the record contradicted the expert’s assumption and that the expert’s
testimony was dependent upon a product mix which the record as a whole
did not support and which he had not independently verified. Admission
of the expert’s testimony was an abuse of discretion. The judgment was
vacated and a new trial ordered. Irvine v. Murad Skin Research Labs.,
Inc., 194 F.3d 313 (1st Cir. 1999).