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.
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 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.
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.
Hicks Oil & Butane Co. v. George Garza
The Texas Court of Appeals, Fourth District, reversed a lost profits award to a gasoline dealer because the lost profits evidence was speculative.
Expert Testimony Should Have Been Obtained to Establish New Business’s Damages
The South Carolina Court of Appeals affirmed the exclusion of testimony on damages from the owner of a new business.
HRFH, Inc. v. Pourlos Enterprises, Inc.
The South Carolina Court of Appeals affirmed the exclusion of testimony on damages from the owner of a new business.
Expert’s Testimony Is a Reasonable Yardstick to Find Lost Profits Reasonably Certain
The U.S. Court of Appeals for the 11th Circuit affirmed a jury’s award of lost profits in this breach of warranty/breach of contract case.
Nebula Glass International, Inc. v. Reichhold, Inc.
The U.S. Court of Appeals for the Eleventh Circuit affirmed a jury’s award of lost profits in this breach of warranty/breach of contract case.
Lost Profits Recovery Period Limited by Contractual Terms
The Kentucky Court of Appeals determined that the trial court improperly computed the amount of lost profits in this breach of contract action when it awarded profits over a five-year period rather than over 30-day period called for in the contract.
Advanta USA, Inc. v. Farmers Fertilizer Company, Inc.
The Kentucky Court of Appeals determined that the trial court improperly computed the amount of lost profits in this breach of contract action when it awarded profits over a five-year period rather than over 30-day period called for in the contract.
M.A. Hajianpour, M.D., P.A., et al. v. Khosrow Maleki P.A., et al.
Court considers whether DCF analysis could apply to professional practice that is no longer a going concern.
More Problems With Fairness Opinions: Analyst ‘Pleads the Fifth’ and Bank Faces Gross Negligence
Investment analyst “pleads the Fifth” rather than testify as to how “simple” valuation errors might have led to incorrect fairness opinion.
Denkinger et al. v. Clark et al. and Ameritas Investment Corp.
Federal court finds that ERISA does not shield ESOP valuation firm from professional liability claims in state court.
Ferarolis v. International Recovery Systems, et al.
Without independent appraisal, valuation of phantom stock plan amounts to a “big handful of air.”
Expert Struck in Mid-Damages Calculation
Michigan court strikes expert testimony on present value discount rate calculation of lost profits, based on local state law regarding jury instructions ...
Consulting Company’s Lost Profits Speculative When Based on Potential Earnings of an At-Will Employee
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.
Blase Industries Corporation v. Anorad Corporation
The U.S. Court of Appeals for the 5th Circuit determined that lost profits could not be recovered for breach of a no-hire provision in a consulting contract when the underlying consultant-employee servicing that contract was an at-will employee.