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.
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 (March 7, 2011)(unpublished)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
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)
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)
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
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.
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
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.
Court: U.S. District Court
Type of case: Securities litigation