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Pfizer v. Advanced Monoblock Corp., et al., 1999 WL 1240864 (Del.Super.)

This litigation stemmed from the launch and subsequent demise of a Pfizer premium women's shave cream gel. Defendant Monoblock designed and manufactured an aluminum can to package the product. Defendant Piedmont was charged with filling the cans with the propellant and inspecting and testing the cans. Serious problems developed when cans of the product were rupturing. Pfizer discontinued the product and brought this action. In one of multiple pretrial motions Defendants moved to exclude a Pfizer marketing expert's opinions on forecasted sales of the product. Defendants argued that sales projections were inflated, calculated in error, based on assumption, biased, and based on arbitrary or selective data. The Superior Court excluded the testimony noting that it was not satisfied that there was a reliable basis for the expert's opinions. The Court cited that more than speculative opinion was required when determining damages for prospective earning loss. The inherent uncertainty of the subject matter was immaterial. Reliability of the lost profits projections is essential in making a determination of lost profits.

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