Recent cases digested at BVLaw
These are a sampling of precedent-setting cases added to the BVLaw database in recent weeks. The decisions in each of these cases were determined on principals of financial analysis.
Vanzant v. Vanzant, 2011WL3558151 (Fla. App. 1 Dist.)(Aug. 15, 2011)
Appellate court reverses trial court’s valuation of the parties’ liquor business, finding that it apparently “split the difference” between the parties’ valuations without sufficient evidence in the record to support this median value.
Experts: unnamed
Judge: Thomas, Wetherell, and Swanson
State/Jurisdiction: Florida
Court: Court of Appeals
Type of case: marital dissolution
SIC code and industry: 5921 Liquor Stores
In re Marriage of Erpelding. 2011 WL 3480978 (Iowa App.)(Aug. 10, 2011)
Appellate court confirms trial court’s discounting of hog confinement facilities based on testimony of industry expert regarding “troubled” state of the industry; and further, it appropriately excluded considerations of tax consequences.
Experts: unnamed
Judge: Miller
State/Jurisdiction: Iowa
Court: Court of Appeals
Type of case: marital dissolution
SIC code and industry: 0213 Hogs
Pandora Jewelers 1995, Inc. v. Pandora Jewelry, Inc., 2011 WL 2295269 (S. D. Fla.)(June 8, 2011)
Federal district court admits expert’s trademark infringement damages under Daubert, finding the he could assume liability and use defendant’s profits without apportionment to the alleged infringement, but denied his calculations based on corrective advertising for lack of specificity.
Experts: Kristopher Swanson
Judge: Cooke
State/Jurisdiction: federal, Florida
Court: U.S. District Court
Type of case: IP
SIC code and industry: 5944 Jewelry Stores
Synqor, Inc. v. Artesyn Technologies, Inc., 2011 WL 3624998 (E.D. Tex.)(Aug. 17, 2011)(Synqor I)
Federal court found sufficient evidence to support $95 million lost profits and reasonable royalty award for patent infringement based on expert’s careful benchmarking and Georgia-Pacific analysis.
Experts: Brett Reed
Judge: Ward
State/Jurisdiction: federal
Court: U.S. District Court
Type of case: IP
SIC code and industry: 3612 Power, Distribution, and Specialty Transformers
Synqor Inc. v. Artesyn Technologies, Inc., 2011 WL 3625036 (E.D. Tex.)(Aug. 17, 2011)(Synqor II)
Federal court denies motion for new trial in patent infringement case, finding among other evidentiary and legal rulings that the plaintiffs did not improperly apply the entire market value rule.
Experts: Brett Reed
Judge: Ward
State/Jurisdiction: federal /Texas
Court: U.S. District Court
Type of case: IP
SIC code and industry: 3612 Power, Distribution, and Specialty Transformers