Opinion · United States Court of Appeals for the Third Circuit
MERCEDES-BENZ v. COAST AUTOMOTIVE, 362 Fed.Appx. 332 (3rd Cir. 2010)
MERCEDES-BENZ USA, INC. v. COAST Auto. Grp., LTD.; Tamim Shansab,Appellants v. David Michael Motor Car Corp.; Ray Catena Motor Cars Corp.;Contemporary Motor Cars, Inc., 362 F. App'x 332 (3d Cir. 2010)
- Type
- Opinion
- Court
- United States Court of Appeals for the Third Circuit
- Jurisdiction
- Federal
- Date
- 2010-01-25
- Topic
- general
MERCEDES-BENZ v. COAST AUTOMOTIVE, 362 Fed.Appx. 332 (3rd Cir. 2010) MERCEDES-BENZ USA, INC. v. COAST AUTOMOTIVE GROUP, LTD.; Tamim Shansab,Appellants v. David Michael Motor Car Corp.; Ray Catena Motor Cars Corp.;Contemporary Motor Cars, Inc. No. 08-4608.United States Court of Appeals, Third Circuit.Submitted Under Third Circuit L.A.R. 34.1(a) December 15, 2009.
Citator
UpLaw has not yet analyzed MERCEDES-BENZ v. COAST AUTOMOTIVE, 362 Fed.Appx. 332 (3rd Cir. 2010). The absence of a flag is not a finding that it is good law.
Bart D. Cohen, Esq., Berger Montague, Philadelphia, PA, William T. Connell, Esq., Dwyer, Connell Lisbona, Faii-field, NJ, Geoffrey J. Hill, Esq., Mont-vale, NJ, Richard S. Mazawey, Esq., Clifton, NJ, for Appellants.
Eric L. Chase, Esq., Bressler, Amery Ross, Florham Park, NJ, Joseph S. Aboyoun, Esq., Aboyoun Heller, Fairfield, NJ, Christopher E. Hartmann, Esq., Philip D. Stern, Esq., Wacks Hartmann, Morristown, NJ, Peter A. Efros, Esq., John W. Wopat, Iii, Esq., Efros Wopat, Red Bank, NJ, for David Michael Motor Car Corp.; Ray Catena Motor Cars Corp.; Contemporary Motor Cars, Inc.
At the close of discovery, Mercedes moved to exclude the opinions and testimony of Coast's expert witnesses on damages. Simultaneously, Mercedes moved for summary judgment on Coast's counterclaims, contending that, in the absence of these experts' opinions, Coast had no evidence of damages and, therefore, the counterclaims should not proceed to trial.
The District Court found the proffered expert opinions unreliable, excluded the testimony, and thereafter granted summary judgment to Mercedes on its counterclaims. Coast timely appealed.1
After a thorough review of expert Markovitz's report and deposition testimony, the District Court agreed with Mercedes that Markovitz "made no computations of automobile allocations based on Coast's actual sales and in fact did not look at any of the circumstances surrounding Coast's operation to make an assessment of what constituted a reasonable allocation." Rather, he accepted without question the assertion of Coast's owner-operator, Tamim Shansab, that Coast's vehicle allocations from 1995 through 1999 were unfair.
Given Markovitz's failure to independently verify Shansab's claims of unfair allocation or analyze Mercedes' allocation procedures, particularly where the facts belied the expert's conclusions, the District Court did not abuse its discretion in determining that Markovitz's opinion was unreliable for purposes of Rule 702.See, e.g., Oddi v. Ford Motor Co.,234 F.3d 136,156(3d Cir. 2000) ("Daubert. . . require[s] more than [a] haphazard, intuitive inquiry");Elcock v.Kmart Corp.,233 F.3d 734,755(3d Cir. 2000) (expert opinion not grounded in facts of case is a "castle made of sand") (citingBenjamin v. Peter's Farm Condo. OwnersAss'n,820 F.2d 640(3d Cir. 1987));In re Paoli R.R.Yard PCB Litig.,35 F.3d at 762(expert testimony based solely upon plaintiff's unverified self-report of injury was properly excluded).
Nor do we find an abuse of discretion in the Court's exclusion of expert Del Roccili's report, which purported to calculate the value of Coast's franchise at the time of its termination absent the supposedlyPage 335unfair vehicle allocation. As the District Court correctly noted, Del Roccili's opinions were based on the projected profits set forth in Markovitz's report and, as such, were equally unreliable.See id.at 748 (where underlying data lack "probative force and reliability . . . [an] opinion . . . rest[ing] entirely upon them must be excluded") (citingIn re "Agent Orange" Prod. Liab. Litig.,611 F.Supp. 1223,1245(E.D.N.Y. 1985)).2
In order to succeed on an antitrust claim, a plaintiff "must prove an antitrust violation, fact of damage or injury, and measurable damages."Danny Kresky Enters. Corp. v.Magid,716 F.2d 206,209(3d Cir. 1983);see also VanDyk Research Corp. v. Xerox Corp.,631 F.2d 251,255(3d Cir. 1980) ("plaintiff has the burden of proving that the established illegality was a material cause of the injury").
Coast's naked contention that Mercedes' allocation method was unfair and resulted in reduced profits falls well short of the nexus required by the Clayton Act and relevant case law.See, e.g., Van Dyk,631 F.2d at 255-56(plaintiff that failed to establish causal relationship between its financial difficulties and defendant's alleged antitrust violations did not prove fact of injury due to claimed violations). Accordingly, we hold that the District Court correctly concluded that Coast failed to demonstrate the "fact of injury." The grant of summary judgment, therefore, was proper.
The order of the District Court will be affirmed.
- [EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] ↩
- The District Court had jurisdiction over this case under28 U.S.C. §§ 1331and1337(a). We have jurisdiction to review the District Court's final judgment pursuant to28 U.S.C. § 1291. ↩
- Coast apparently argues that, because Mercedes failed to introduce expert testimony contradicting that of Markovitz and Del Roccili, Mercedes'Daubertchallenge must fail. This argument misses the mark. As the party proffering expert testimony, Coast bore the burden of demonstrating that the testimony satisfied the requirements of Rule 702.SeeDaubert v. Merrell Dow Pharm., Inc.,43 F.3d 1311,1316(9th Cir. 1995). ↩