Recently added to BVLaw valuation case law database

Enpat, Inc. v. Budnic, 2011 WL 768092 (M.D. Fla.)(Feb. 28, 2011) 
Federal court denies plaintiff’s request to pro-rate past patent infringement damages from actual prior licenses without additional evidence that the parties’ would have used a similar pro-ration during hypothetical negotiations.

Experts: none

Judge:  Fawsett

State/Jurisdiction: federal

Court: U.S. district court, Florida

Type of case:  IP (patent)

In re Marriage of Meek-Duncomb, 2011 WL 768831 (Iowa. App.)(March 7, 2011)(unpublished) 
Divorce court declines to credit “uncertified” business appraisal by CPA who reviewed only tax returns and Excel spreadsheets, without considering business’s assets and debts, sources of revenues and customer relationships.

Experts: Larry Pump

Judge:  Tabor

State/Jurisdiction:   Iowa
Court: Court of Appeals

Type of case:  marital dissolution

The Citrilite Co. v. Cott Beverages, Inc., 2011 WL 284915 (E.D. Cal.)(Jan. 25, 2011) 
Court upholds regression analysis of cumulative data sets under Daubert, but strikes portions of expert’s damages calculations that project lost profits beyond stated contract term.

Experts: John Carson and Thomas Neches (plaintiff); Dr. Randolph E. Bucklin (defendant)

Judge:  Wanger

State/Jurisdiction:   federal

Court: U.S. district court, California

Type of case:  contract

In re Spansion, 426 B.R. 114 (April 1, 2010) 
Bankruptcy court finds billion-dollar total enterprise valuation of flash memory manufacturer supports finding that proposed reorganization plan is fair, but declines confirmation pending amendments to equity incentives for management.

Experts: Henry Owsley (debtors); Michael Genereux (senior noteholders); and Richard Morgner (Convert Committee)

Judge:  Carey

State/Jurisdiction: federal

Court: bankruptcy court, Delaware

Type of case:  bankruptcy

Linton v. United States, 2011 WL 182314 (C. A.9 (Wash))(Jan. 21, 2011) 
Ninth Circuit reverses district court’s summary judgment in favor of the government in family LLC case, finding that the step transaction did not apply and remanding the case for findings regarding when the gift was transferred.

Experts: Moss Adams, LLP (taxpayer)

Judge:  Noonan, Thompson, and Berzon

State/Jurisdiction:  federal

Court: U.S. Court of Appeals, Ninth Circuit

Type of case:  federal tax

Rolfe State Bank v. Gunderson, 2011 WL 480685 (Iowa)(Feb. 11, 2011) 
Iowa Supreme Court resolves apparent clash between statutory “fair value” standard in business code with provision in banking code that applies FMV standard to appraisal of minority shares in a bank holding company subject to a merger.

Experts: none

Judge:  Appel

State/Jurisdiction: Iowa

Court: Supreme Court

Type of case:  dissenting shareholder

Victory Records, Inc. v. Virgin Records America, Inc., 2011 WL 382743 (N.D. Ill.)(Feb. 3, 2011) 
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.

Experts: Bruce Kolbrenner

Judge:  Feinerman

State/Jurisdiction: federal

Court: U.S. District Court, Illinois

Type of case:  Damages

Fulton Co. Employees’ Retirement System v. MGIC Investment Corp., 2010 WL 5095294 (E. D. Wis.)(Dec. 8, 2010)
Federal district court dismisses securities fraud complaint for failing to plead its allegations of fair value accounting valuations with sufficient clarity and accuracy.

Experts: none

Judge:  Adelman

State/Jurisdiction: federal/Wisconsin

Court: U.S. district court

Type of case:  securities litigation