A sampling of new cases added to BVLaw

These new abstracts, and related court documents, are among those added to the Business Valuation Law database in the last weeks.  Go to BVLaw for to access these key decisions.

Brighton Collectibles, Inc. v. Coldwater Creek, Inc., 2010 WL 3718859 (S.D. Cal.)(Sept. 20, 2010)

Good use of marketing and financial expert defeats summary judgment and Daubert motions related to claims of lost profits arising from copyright infringement.

Experts: Michael Tuan Pham and Robert Wunderlich (plaintiff)

Judge:  Huff

State/Jurisdiction: federal/California

Court: U.S. District Court

Type of case:  IP

Manpower, Inc. v. Insurance Co. of Pennsylvania, 2010 WL 3730968 (E.D. Wisc.)(Sept. 20, 2010)

Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.

Experts: Eric Sullivan

Judge: Adelman

State/Jurisdiction:   federal/Wisconsin

Court: U.S. district court

Type of case:  damages

LB 4 Fish, LLC v. Developers Diversified Realty Corp., 2010 WL 2723545 (N.D. Cal.)(July 12, 2010)(unpublished)

Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.

Experts: James Skorheim

Judge:  Aldrich

State/Jurisdiction: California

Court: Court of Appeals

Type of case:  contract

Total Clean, LLC v. Cox Smith Matthews, Inc., 2010 WL 4108820 (Tex. App.)(Oct. 20, 2010)

Expert’s lost profits analysis fails for lack of industry experience, objective analysis or data.

Experts: Keith Fairchild

Judge:  Hilbig

State/Jurisdiction: Texas

Court: Court of Appeals

Type of case:  damages

Brooks v. Brooks Furniture Mfgrs, 2010 WL 4290068 (Ky. App.)(Oct. 29, 2010)

Kentucky reviews case law and authorities and adopts majority rule precluding application of marketability discounts in dissenting shareholder appraisals.

Experts: Keith Pinkerton (plaintiff) and Mercer Capital and David Clinton Wood (defendant)

Judge:  Thompson

State/Jurisdiction: Kentucky

Court: Court of Appeals

Type of case:  shareholder dissent