Valuation issues central to new case law digests at BVLaw
The BVLaw digests reflect all cases where appellate level or precedential decisions were decided on a matter of financial analysis or business valuation. Among the cases the legal editors are reviewing now are the following.
Manpower, Inc. v. Insurance Co. of the State of Pennsylvania, 2011 WL 1356945 (E.D. Wisc.)(April 11, 2011) Court declines to reconsider Daubert ruling, finding the expert failed to support his selection of the growth rate in lost profits calculations with reliable, guiding principles.
Experts: Eric Sullivan
Judge: Adelman
State/Jurisdiction: federal / Wisconsin
Court: U.S. District Court
Type of case: Damages (including lost profits)
In re Global Technovations, Inc., 2011 WL 1297356 (E.D. Mich.)(March 31, 2011) Federal district court affirms bankruptcy court’s solvency and “reasonably equivalent value” analysis based on more credible, substantive evidence from debtor’s expert.
Experts: Jeff Risius (appellants); Van Conway (debtor)
Judge: Battani
State/Jurisdiction: federal / Michigan
Court: U.S. district court
Type of case: bankruptcy
Rolls-Royce PLC v. United Technologies Corp., 2011 WL 1740143 (E.D. Va.)(May 4, 2011)Federal court strikes substantial portions of lost profits, reasonably royalty evidence for “egregious overreaching” by patent infringement plaintiff and damages expert.
Experts: Mary Woodford
Judge: Brinkema
State/Jurisdiction: federal/ Virginia
Court: U.S. district court
Type of case: IP
Monaco v. Stewart, 2011 WL 1330851 (Ky. App.)(April 8, 2011)(unpub.) Kentucky court finds personal goodwill value of the husband’s 25% interest in a regional anesthesiology practice to be negligible.
Experts: Calvin Cranfill (husband); James Roller (wife)
Judge: Dixon
State/Jurisdiction: Kentucky
Court: court of appeals
Type of case: marital dissolution
In re Chemtura Corp, 2011 WL 1496327 (Bkrtcy. S.D.N.Y)(April 19, 2011) Bankruptcy court finds that the discount rate related to a contract damages claim should incorporate the risk factors present at the time of contract execution, making risk-free rate inappropriate.
Experts: unnamed
Judge: Gerber
State/Jurisdiction: federal
Court: bankruptcy court
Type of case: bankruptcy