Kirk Hartley
Judge Posner Explains Using Regression Analysis to Calculate Damages in a Contract Case
Judge Posner never lacks for an opinion. In this opinion in ATA v. Federal Express, he explains why an expert opinion on damages should not have survived a Daubert hearing. The opinion covers in some detail how to use simple regression analysis in a damages case, explains various flaws in what was done, explains confidence intervals, provides sources for educational data for judges regarding regressions, and reminds (with cites) regarding case law allowing judges to appoint their own experts.