Pier 1 Cruise Experts v. Revelex Corp.
United States Court of Appeals for the Eleventh Circuit
929 F.3d 1334 (2019)
Pier 1 Cruise Experts (plaintiff) was a Brazilian travel agency. Pier 1 contracted with Revelex Corp. (defendant) for customized software that would increase Pier 1’s online-booking capabilities and make Pier 1 the first Brazilian travel agency to offer online cruise bookings in Portuguese. However, Revelex failed to deliver the software, and Pier 1 sued Revelex for breach of contract in federal district court. Pier 1 requested damages including lost profits. Pier 1’s evidence in support of the lost-profits claim was the testimony of its financial manager, Mariana Peres. At trial, Peres testified that if Revelex’s software had worked, Pier 1 could sell twice as many cruises online as it had been selling offline. Peres further predicted that Pier 1’s expenses would have increased by 10 percent if the software had worked. Peres based her testimony on some market research, Pier 1’s historical revenue and expenses based on cruises booked offline, and Pier 1’s experience in the Brazilian cruise industry. Revelex objected to Peres’s testimony, claiming that Peres was a lay witness trying to offer expert testimony on the lost-profits issue. The district court agreed with Revelex and stopped Peres from testifying further. The district court concluded that Pier 1’s lost-profits calculation was overly speculative and granted judgment for Revelex as a matter of law on Pier 1’s lost-profits claim.
Rule of Law
Holding and Reasoning (Newsom, J.)
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