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