Expert Disqualified per Daubert Case

Business Valuation UpdateVol. 3 No. 9
Legal and Court Case Update
September 1997
5812 Eating and Drinking Places
722511 Full-Service Restaurants
economic damages & lost profits
damages, daubert

Whelan v. Abell
1997 U.S. Dist. LEXIS 9794
July 3, 1997
US
Federal Court
District of Columbia
United States District Court
Hugh Penny, CPA (for Whelan)
Sporkin

Summary

The issue in this case was the defendants' motion to exclude from trial, pursuant to Federal Rules of Evidence 104(a) and 702, and Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993), the testimony of Hugh Penny, a C.P.A., plaintiffs' putative financial expert on the value of Plaintiffs' Animated Playhouse Corp. (APC) shares and Andrew Whelan's lost employment income from APC.

See Also

Whelan v. Abell

At issue is plaintiff's third claim for damages for loss of an opportunity to develop certain T.J. Applebee's restaurants.