U.S. District Court Partially Excludes Witness in Securities Value Case and Allows Rebuttal Witness

BVLaw
Court Case Digests
November 9, 2022
2834 Pharmaceutical Preparations
325412 Pharmaceutical Preparation Manufacturing
shareholder dissent/oppression
damages, breach of contract, expert testimony, calculation of value, discount, discount for lack of marketability (DLOM), stock, valuation methodology, holding period, blockage discount

In re Navidea Biopharmaceuticals Litig.
2022 U.S. Dist. LEXIS 204435; 2022 WL 16833587
US
Federal Court
New York
United States District Court
Terry Lee Orr; William F Murray
Valerie Caproni

Summary

A pharmaceuticals company sued its former CEO for, among other things, breach of contract and for a declaratory judgment establishing the contractual rights and obligations of the parties. This resulted in counterclaims by the former CEO, Michael Goldberg. Goldberg submitted for testimony of damages Terry Lee Orr, CPA. In this matter, the company sought to exclude Orr’s testimony and, absent his exclusion, to present their own expert, William F. Murray, CPA, as a rebuttal expert. Goldberg sought to exclude the testimony of Murray. The court excluded portions of Orr’s testimony and denied the exclusion of Murray as a rebuttal expert.

See Also

In re Navidea Biopharmaceuticals Litig.

A pharmaceuticals company sued its former CEO for, among other things, breach of contract and for a declaratory judgment establishing the contractual rights and obligations of the parties. This resulted in counterclaims by the former CEO, Michael Goldberg. Goldberg submitted for testimony of damages Terry Lee Orr, CPA. In this matter, the company sought to exclude Orr’s testimony and, absent his exclusion, to present their own expert, William F. Murray, CPA, as a rebuttal expert. Goldberg sought to exclude the testimony of Murray. The court excluded portions of Orr’s testimony and denied the exclusion of Murray as a rebuttal expert.