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Court Rejects Expert’s ‘Irrelevant’ Theory of Damages

Fifth Circuit vacates lost profits award because expert’s calculation was based on all clients who left plaintiffs after the defendants’ breach of non-compete agreements, rather than those who followed the defendants to their new place of employment; the ...

Jack Tyler Engineering Co. v. Colfax Corp.

In Daubert ruling, court says expert’s lost profits calculation based on discounted cash flow (DCF) method is reliable; plaintiff’s expert properly determined discount factor based on identified sources and made permissible judgment calls based on his exp ...

Expert’s Unconventional Method to Forecast Lost Profits Satisfies Daubert

Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.

Assured Guaranty Municipal Corp. v. Flagstar Bank, FSB

In breach of contract action involving loan pools, federal court rejects Daubert challenge to expert’s calculation of damages based on statistical sampling.

Ibbotson-Derived Discount Rate Subject to Daubert

Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.

Gallagher & Co. v. Babcock

Fifth Circuit vacates lost profits award because expert’s calculation was based on all clients who left plaintiffs after the defendants’ breach of non-compete agreements, rather than those who followed the defendants to their new place of employment; the ...

Expert’s Evidence Is Key to Reversing a Zero Damages Verdict

Texas Court of Appeals enforces a ten-year non-compete agreement as to an owner selling a business; it also reverses a jury award of zero lost profits damages after finding the plaintiff’s expert offered reliable evidence of lost customer contracts and sa ...

Is Valuation Expert Allowed to Derive Key Rates for Real Property Appraisal?

To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and m ...

RMD, LLC v. Nitto Americas, Inc.

Federal district court finds plaintiff’s expert’s Crystal Ball and Holt Winters methodology to project lost profits admissible under Daubert; method proved reasonable when subsequently tested with regression analysis tool.

Daubert Does Not Require Certification for Damages Expert

Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...

New Trial Needed Because One Expert Cited the Wrong Measure of Damages

Appellate court affirms trial court’s grant of a new hearing on damages, due to one expert’s incorrect opinion that would have limited breach of contract for the sale of the business to the difference between the purchase price and the market value of the ...

Not Appropriate to Value a Recovering Business at Its ‘Nadir’

Federal court dismisses expert’s damages calculation of under Daubert for incorrectly applying the diminution of value approach to a recovered business, and for assuming a disputed IP license had no value.

Rebuttal Expert May Be Redundant in Offering Only a Critique

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

System Development Integration, LLC v. Computer Sciences Corp.

Court disallows expert theory of “lost opportunity cost” damages for breach of contract, but admits his “standard” lost profits analysis, including reliance on agreed-upon forecasts and an Ibbotson-derived the discount rate.

Sugar Hill, LLC v. United States

To value a company that owns real property, business appraisers frequently rely on third-party appraisals by presumably qualified experts. In a recent twist, in this case, the real estate appraiser relied on components of value, including occupancy and ma ...

Actual Transaction Is ‘Gold Standard’ of Valuation, 7th Circuit Says

7th Circuit says evidence of actual sales transaction concerning the subject company is the “gold standard” of valuation, but finds problems with the plaintiffs’ claims base on a promise to convey 50% of a company’s equity value following an LBO.

Natchez Regional Medical Center v. Quorum Health Resources, LLC

Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...

Heritage Operating, LP v. Rhine Bros. LLC

Texas Court of Appeals enforces a ten-year non-compete agreement as to an owner selling a business; it also reverses a jury award of zero lost profits damages after finding the plaintiff’s expert offered reliable evidence of lost customer contracts and sa ...

Expert Uses Only One Comp to Calculate Auto Dealership Damages

Appellate court affirms $370,000 in lost profits for proposed Chrysler dealership, based in part on actual sales data from a single benchmark run by the same dealer but selling vehicles from a competing manufacturer.

‘Laborious’ Buy-Sell Agreement Leads to Lengthy Litigation

Court interprets “laborious” definition of buy-sell value.

Plaintiff Uses Opponent’s Expert Industry Report to Great Advantage

Court of Appeals reinstates full $66.5 million award for tortious interference with contract to develop natural gas reserves, even though this amount exceeded the valuation by plaintiff’s expert and was most likely derived from defendant’s industry report ...

B-K Cypress Log Homes v. Auto-Owners Insurance Company

Court admits the “before and after” as well as the “yardstick” model developed by the plaintiff’s lost profits expert, leaving questions regarding the underlying assumptions and data for cross-examination at trial, but excludes the defendant’s rebuttal wi ...

Shah v. Steam and Starch Corp.

Appellate court affirms trial court’s grant of a new hearing on damages, due to one expert’s incorrect opinion that would have limited breach of contract for the sale of the business to the difference between the purchase price and the market value of the ...

Nordetek Environmental, Inc. v. RDP Technologies, Inc.

Federal court dismisses expert’s damages calculation of under Daubert for incorrectly applying the diminution of value approach to a recovered business, and for assuming a disputed IP license had no value.

Comps Are Critical to Prove Lost Profits for Proposed Business

California Court of Appeals permits lost profits for breach of contracts to convey real estate, but finds the plaintiff failed to prove the same with reasonable certainty in this case by relying on other developed locations that were not sufficiently comp ...

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