Jury May Consider Tax Returns as Evidence of Profits and Losses

Plaintiffs' motion in limine to exclude evidence of defendants' costs and expenses regarding sales of their products was denied where defendants had produced 5 years of tax returns in discovery and 3 more years of returns before the final pre-trial. "Defendants . . . assert that Plaintiffs never raised a discovery dispute with the Court nor filed a motion to compel further detail or supplementation. Tax returns, filed under the penalty of perjury, are evidence which the jury can consider for the calculation of profits and/or losses."

Rainworks Limited v. Mill-Rose Company, 1-06-cv-01549 (OHND May 11, 2010, Order) (Boyko, J.)