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WWP vs Wounded Warriors Family Support, Inc.

Case Background:
WWP: The “Wounded Warrior Project” – charitable organization that furnishes assistance to injured military veterans.
WWFS: Provides assistance to injured vets and families. Originally operated outside the US until recently. They created a website with a similar domain as WWP in which people became confused whether they were affiliated with them or not.
Facts & Procedural History: WWP (Wounded Warrior Project) sued WWFS (Wounded Warriors Family Support, Inc.) in the U.S. District Court for the District of Nebraska. Relying on various legal theories under Nebraska law, WWP alleged that WWFS created confusion through its website as to whether WWP and WWFS were affiliated, and that WWFS had been unjustly enriched through receipt and retention of donations actually meant for WWP. The district court issued a preliminary injunction that called for shutdown of WWFS’s confusingly named website while the case was pending. Later, after a jury trial, the district court awarded WWP approximately $1.7 million in damages and converted the preliminary injunction to a permanent injunction. WWFS appealed to the U.S. Court of Appeals for the Eighth Circuit.
Issue: Was the district court wrong for denying WWFS’s motion to compel WWP to produce certain documents and allowing forensic accountant Robert Kirchner to testify as an expert witness rendering an opinion regarding the amount of damages allegedly sustained by WWP?
Holding/ Reasoning: No, because WWFS’s request was excessively broad and Kirchner provided evidence that was relevant to the case that relied on his experience as a forensic accountant, analyzed a substantial amount of financial data, and applied reliable methods in forming opinions that would help the jury understand the evidence.
Result: The U.S. Court of Appeals for the Eighth Circuit agreed

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