of the case.” Id. In addition, “the reliability analysis should be geared toward the precise sort of testimony at issue and not any fixed evaluative factors.” Id. (citing Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 150, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999)). Kivetz’s expert report relates to a consumer survey (Survey) that Kivetz conducted regarding certain advertising claims made on the packaging of Bissell’s CleanView Helix vacuum cleaner (Clean-View Packaging). The Seventh Circuit has indicated that in order to be admissible, a consumer survey “must comply with the principles of professional survey research.” Evory v. RJM Acquisitions Funding L.L.C., 505 F.3d 769, 776 (7th Cir.2007); see also Muha v. Encore Receivable Management, Inc., 558 F.3d 623, 625-26 (7th Cir.2009) (<HOLDING>) (citations omitted); Spraying Systems Co. v.
holding that test for whether two offenses are not the same is whether each offense requires proof of a fact that the other does not holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements holding that whether a driver yielded the right of way as per section 74 depends upon whether he acted negligently or unreasonably holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive 