Expert Proof Needed to Show eBay Seller Harmed by Alleged Product Search Delays

Absent expert proof, the undisclosed delay from the moment a seller posted an item for sale on eBay.com to the time that the item appeared in eBay’s search results was not susceptible to pro-rata-refund damages for not appearing for the entire period of time the seller chose, the U.S. District Court for the Northern District of California ruled Sept. 10 (In re eBay Litigation, N.D. Cal., 5:07-cv-02198-RMW, 9/10/12).

“Without expert testimony or other evidence demonstrating that sellers who sold their listed items would have fared better in the absence of search delays, the court cannot submit plaintiffs’ ...