Trustee Succeeds in Curtailing DOL Expert Testimony Under Daubert

BVLaw
Court Case Digests
April 17, 2018

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5084 Industrial Machinery and Equipment
423830 Industrial Machinery and Equipment Merchant Wholesalers
ESOP valuations
daubert, expert testimony, breach of fiduciary duty, discounted cash flow (DCF), fair market value (FMV), reliability, overpayment, employee stock ownership plan (ESOP), adequate consideration, expert qualifications
Acosta v. Vinoskey
2018 U.S. Dist. LEXIS 64094
US
Federal Court
Virginia
United States District Court
Dana Messina (plaintiff/DOL); Howard Kaplan (defendant/trustee)
Moon

Summary

In ESOP dispute, court partially excludes DOL expert’s damages analysis under Daubert; court finds expert’s market comparable approach to support overpayment claim is unreliable as is expert’s methodology for calculating alleged loss in stock value to existing shareholders.

See Also

Acosta v. Vinoskey

Full Text of Court Cases
April 17, 2018

In ESOP dispute, court partially excludes DOL expert’s damages analysis under Daubert; court finds expert’s market comparable approach to support overpayment claim is unreliable as is expert’s methodology for calculating alleged loss in stock value to existing shareholders.

This article also appears in:
Business Valuation UpdateVol. 24 No. 6