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In re DVI, Inc. Securities Litigation

Federal district court rejects expert’s “insolvency theory” of loss causation, finding that even when securities fraud leads to a company to bankruptcy, plaintiffs must show causal link between the alleged loss and qualified corrective disclosures.

Hershewe v. Hershewe

At issue is the valuation of goodwill of husband's law practice.

Kluck v. Kluck

Issue is whether the trial court erred in finding husband's ten percent ownership interest in a professional engineering corporation had no value.

Buckl v. Buckl

Issue is whether the husband's interest in a partnership of architects acquired after marriage is marital property.

DePalma v. Westland Software House

Court declines to consider tax benefits that a plaintiff may have received because of the expense of a contract in determining compensatory damages.

Porter v. Porter

At issue is the valuation of husband's professional practice and his share of the practice's pension/profit sharing plan.

Gaskill v. Robbins (I)

Kentucky considers joining the majority of jurisdictions that distinguishes personal from enterprise goodwill.

Michael Alvarado v. Marshall S. Stander, et ux.

The Washington Court of Appeals affirmed the damages expert’s reliance upon the industry expert’s assessment of the injured party’s career when preparing his lost future earnings assessment.

Janet L. Crivello v. Hames P. Crivello

The Washington Court of Appeals affirmed the valuation of a chiropractor's practice and another business interest.

U.S. Renal Care v. Jaafar

Texas Court reverses $750,000 jury award for value of patient account receivables for lack of reliable expert evidence, including faulty assumptions and failure to review underlying patient and payer data.

Burstein v. Burstein

Appeals court affirms trial court’s valuation of medical practices based on buyout provisions where wife’s expert made no attempt to ascertain businesses’ FMV by any other valuation method.

Briskey v. Briskey

One issue was whether the trial court abused its discretion when it ignored the testimony of one of the experts.

Stewart v. Stewart

Idaho declines to make the distinction between enterprise and personal goodwill in valuing a professional practice in divorce, holding all goodwill is marital property.

May v. May

At issue in this case is the nature of husband's practice goodwill. Testimony by both experts at trial established the goodwill as "personal."

All Pro Maids, Inc. v. Susan Layton

The Delaware Court of Chancery determined damages stemming from the breach of a one-year noncompete agreement involving an office cleaning business.

Adams v. Adams

Massachusetts Supreme Judicial Court rejects direct capitalization method for valuing hedge fund partnership interest, finding DCF method is more appropriate, plus tax-affecting.

McLelland v. Paxton

In dissolution dispute, appeals court affirms trial court’s finding, based on plaintiff expert testimony, that dissolved professional LLC had entity goodwill at trial based, in large part, on ownership of three leases and operation of offices that doctors could use upon termination of partnership.

Garman v. Garman

Court rejects doctor’s claims that by departing from medical practice just before divorce, his $15,000 buy-sell payout limits practice value, crediting instead a net asset value, adjusted for routine quarterly bonuses.

Singley v. Singley (I)

The husband in this marital dissolution matter appealed the trial court's valuation of his dental practice, which included a goodwill component.

In re Greater Southeast Community Hospital Corp. (II)

Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.

Taheri v. Khadavi

Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.

White Buffalo Env’t, Inc. v. Hungry Horse, LLC

The case dealt with two motions to preclude testimony of an expert witness as to the loss in value of the plaintiff’s business. The plaintiff was an environmental consulting firm allegedly injured as a result of the actions of certain employees including breach of their fiduciary duty. The court concluded that the witness may testify because his report was based on sufficient facts and data and he applied reliable principles to the facts of this case.

Eurochem North America Corp. v. Ganske

Court finds proposed expert testimony inadmissible under Rule 702 and Daubert where expert did not himself prepare the value determination, conceded any estimate of value by his firm was prepared for marketing purposes, and where damages model that expert testimony supported was fatally flawed.

Doctors Hospital of Hyde Park, Inc. v. Desnick et al.

This adversary case relates to the Chapter 11 bankruptcy case filed by Chapter 11 Trustee for Debtor Doctors Hospital of Hyde Park Inc. (“Doctors Hospital” or “Trustee”). The Adversary Complaint pleaded a total of 28 counts (“Complaint”).

Pereira v. Cogan

Action against controlling shareholder and directors for breach of fiduciary duty, including allegations of excess compensation for the controlling shareholder.

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