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Anti-Trust | New York Southern
Memorandum & Opinion
AMENDED OPINION & ORDER re: (2449 in 1:14-md-02542-VSB-SLC) MOTION in Limine to Exclude the Amended Expert Reports and Related Testimony of JBR Expert Gareth Macartney, Ph.D filed by Keurig Green Mountain, Inc., f/k/a Green Mountain Coffee Roasters, Inc., and as successor to Keurig, Incorporated. For the reasons outlined above, Keurig's motion to exclude Dr. Macartney's testimony is GRANTED IN PART and DENIED IN PART. JBR may proceed with a damages model based on the Amazon benchmark, which Keurig is free to attack through cross-examination and competing evidence. The other benchmarks, which retain the same problem of incorporating the allegedly unlawful gains of the purported monopolist into the but-for world that is supposed to model more competitive market conditions, cannot survive the reliability inquiry under Rule 702 and are hereby excluded. The Clerk of Court is respectfully directed to terminate the motion pending at Doc. 2449. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/10/2026) (mml)
| New York Southern
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