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Rosvold v. LSM Systems Engineering, Inc.

Court excludes proposed BV expert for failing to have appropriate credentials, experience, and clear methodology.

Physicians Dialysis Ventures, Inc. v. Griffith

Court articulates qualifications that make business appraiser nearly “bulletproof” under Daubert challenge.

Tidwell Industries, Inc. v. Diversified Home Products, Inc.

Court considers whether lost profits expert may rely on client financial information and customer interviews.

Building Materials Wholesale, Inc. v. Triad Drywall, LLC

Lost profits calculus must also prove associated expenses to a reasonable degree of certainty.

24/7 Records, Inc. v. Sony Music Entertainment, Inc.

Opinions of music industry consultant and attorney not reliable enough to prove lost value of startup record company.

Court Outlines Key Factors In Calculating Lost Profits for Unestablished Business

Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.

Court Questions Whether Non-BV Expert May Testify to Lost Profits/Damages

In case of stolen employees (breach of noncompetes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.

Parlour Enterprises Inc. v. The Kirin Group, Inc.

Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.

Some Hindsight Permitted In Fair Market Valuation of Pre-IPO Stock Options

Court expands “bright-line” rule to permit limited evidence of post-breach events for valuing company stock on eve of initial public offering.

FMS, Inc. v. Volvo Construction Equipment North America, Inc.

This matter comes before the court on several post-trial motions of the parties. Defendant Volvo Construction Equipment North America, Inc. (“Volvo”) moves for judgment as a matter of law or, in the alternative, for a new trial or remittitur.

Matrix Group Limited, inc. v Rawlings Sporting Goods Co.

After Rawlings Sporting Goods Company terminated an agreement granting an exclusive license to Matrix Group Limited to sell its sports bags, the parties sued each other for breach of contract. Matrix also asserted claims against Rawlings and K2, Inc ...

TruGreen Companies, L.L.C. v. Scotts Lawn Service, et al.

In case of stolen employees (breach of non-competes), a report from non-BV expert fails to provide reliable basis for lost profits, economic damages calculation.

Goodwill Disallowed in Damages for Loss of Dental Practice

Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.

Business Interruption Policy Covers Total Value of the Contracts Lost During the Reconstruction Period

The Tennessee Court of Appeals determined how covered loss should be calculated under a business interruption insurance policy.

Daniel Gates v. State Automobile Mutual Insurance Company

The Tennessee Court of Appeals determined how covered loss should be calculated under a business interruption insurance policy. It found that net income was “earned” when the contract was made, regardless of when payments under that contract were received ...

Benchmarking Methodology Passes Daubert Challenge in the 6th Circuit

Economic damages expert survives Daubert challenge to his qualifications and cost estimates using common benchmarking methodology.

Dental Health Associates v. Zangeneh

Court disallows loss of goodwill value in recovery for dental practice, breach of covenant not to compete.

Boyce v. Soundview Technology Group

Court expands “bright-line” rule to permit limited evidence of post-breach events for valuing company stock on eve of initial public offering.

ERISA Does Not Shield ESOP Appraiser From State Professional Liability Claims

Federal court finds that ERISA does not shield ESOP valuation firm from professional liability claims in state court.

Value of Phantom Stock Plan Offers a ‘Big Handful of Air’

Without independent appraisal, valuation of phantom stock plan amounts to a “big handful of air.”

Where Professionals Are No Longer Practicing, DCF Analysis Does Not Apply

Court considers whether DCF analysis could apply to professional practice that is no longer a going concern.

Tharo Systems, Inc. v. cab Produckttechnick GmbH & Co. KG

Economic damages expert survives Daubert challenge to his qualifications and cost estimates using common benchmarking methodology.

Lost Profits Award Based on Comparable Dealerships and Management Projections Affirmed

The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.

Bero Motors, Inc. v. General Motors Corporation

The Michigan Court of Appeals concluded that a lower court did not abuse its discretion when it admitted economic experts testifying to the quantum of lost profits in this breach of contract action.

Lost Profits Award Must Be Supported by Objective Facts and Data

The Texas Court of Appeals, Fourth District, reversed a lost profits award to a gasoline dealer because the lost profits evidence was speculative.

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