Expert’s Disregard of ASB Guidelines Imperils Valuation
Appellate court affirms earlier finding that plaintiff expert’s valuation of plaintiff’s partnership interest did not comport with goodwill requirement of a controlling agreement; the expert failed to use a standard, reliable method that showed there was ...
Mosaid Technologies Inc. v. LSI Corp.
In lost licensing opportunity suit, court excludes damages opinion where expert failed to vet assumptions in plaintiff’s business plan; issue is to determine market value of loss not lost profits as such.
Hardenbrook v. United Parcel Service, Inc.
In retaliation suit requiring valuation of company restricted stock, district court, despite hesitation, affirms expert’s proposed zero percent net discount rate finding expert provided some support for it.
Daubert Tolerates Impeachable Aspects of Expert Testimony
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
Vega v. Fulcrum Energy, LLC
Appellate court affirms earlier finding that plaintiff expert’s valuation of plaintiff’s partnership interest did not comport with goodwill requirement of a controlling agreement; the expert failed to use a standard, reliable method that showed there was ...
Expert’s ‘Invocation’ of Income Approach Does Not Save Valuation
Court says federal law, that is Daubert, controls admissibility of expert testimony in federal court and rejects defendants’ claim that expert was unqualified under state law; but it finds the opinion inadmissible because it resulted from an approach that ...
Discount Rate Analysis Requires Expert’s Subjective Judgments
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 ...
Metamining, Inc. v. Barnette
Court says federal law, that is Daubert, controls admissibility of expert testimony in federal court and rejects defendants’ claim that expert was unqualified under state law; but it finds the opinion inadmissible because it resulted from an approach that ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc.
Ninth Circuit affirms district court’s finding that “impeachable” aspects of an expert’s lost profits calculation do not render the opinion inadmissible under Daubert; further, the plaintiff, a profitable Alaska company “since statehood,” proved damages w ...
Damages Calculation Resting on Loan Sampling Is ‘Solid’
In breach of contract action involving loan pools, federal court rejects Daubert challenge to expert’s calculation of damages based on statistical sampling.
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.
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 ...
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 ...
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 ...