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Courts Finds ‘Numerous’ Reasons to Exclude an Otherwise Qualified Expert

Court excludes an otherwise “supremely qualified” expert for flaws in his experience and his expert report, including accepting attorney-provided data without independent verification.

Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.

Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.

M & A Technology v. iValue Group Inc.

Court reverses a $10 million damages award for the lost value of an internet startup for failure to show any record of profitability, working capital, or products to sell.

Conservative Tax Affecting and Discounting Support Damages Claims

Court finds conservative use of discounts and tax affecting to be more credible when valuing an S corp software company for purposes of calculating damages (breach of agreement to purchase 25% interest).

MDG International v. Australian Gold, Inc.

Court excludes an otherwise “supremely qualified” expert for flaws in his experience and his expert report, including accepting attorney-provided data without independent verification.

Contractor May Never Recover Lost Profits for Lost Bonding Capacity?

Colorado Supreme Court reverses ruling by appellate court that all lost profits claims due to contractor’s impaired bonding capacity are speculative as a matter of law.

Denied Pre-IPO Shares, Investor Sues Attorneys for Lack of Expert Valuation

New York court decides appropriate measure for failure to deliver stock options on brink of IPO is date of breach.

Conservative Growth Estimates Help to Sustain Damages Award

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Courts Void Noncompete and Remands $1.1 Million in Damages

Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.

Knott v. Revolution Software, Inc.

Court finds conservative use of discounts and tax affecting to be more credible when valuing an S corp software company for purposes of calculating damages (breach of agreement to purchase 25% interest).

Kovens v. Paul

In breach of contract to sell a large block of thinly traded stock, court determines that the measure of damages is on date of breach and fair market value is the contract price.

C. A. Walker Construction Co. v. J.P. Southwest Concrete, Inc.

Court reverses lost profits damages award in construction case for lack of sufficient evidence to support a 25% profit margin and failure to account for expenses.

Lost Profits Analysis Must Show Evidence of Related Costs

Court excludes lost profits evidence that does not include analysis of costs incurred to produce the income.

Lost Profit Testimony Falls Short of Needed Expert Evidence

Owners’ lost profits calculations comparing profits from his restaurant at an old location to those he made at a new location fall short of reasonable certainty standard.

Buyer’s Projections Used to Value Asset From Seller’s Perspective

In assessing value of lost patent license from the seller’s perspective, an expert may not rely on the buyer’s internal, confidential sales projections.

Expert Calculates Lost Profits Through 25-Year Contract Term

Court awards lost profits damages for breach of franchise agreement through remainder of 25-year contract term.

Denny Construction, Inc. v. City and County of Denver

Colorado Supreme Court reverses ruling by appellate court that all lost profits claims due to contractor’s impaired bonding capacity are speculative as a matter of law.

Medical Staffing Network, Inc. v. Ridgeway

Court remands $1.1 million damages award for proper measure of lost profits due to misappropriation of trade secret from medical staffing company.

Litigation Experts Spar Over Proceeds From Transfer of Practices

Four litigation experts/economists dispute damages calculations resulting from breach of contract to share in proceeds of transferring their practices.

Loose Lending Practices May Protect Appraisers

Lender attempts to sue appraisal firm after borrower (steel plant) defaults on loan, and forced liquidation is $5 million below appraised asset value.

Managements’ Projected Lost Profits Calculations Withstand Appeal

Expert bases solid lost profits calculations for breach of sales on management-provided projections as well as actual performance data and other corroborating sources.

Russo v. Ballard Medical Products

Court sustains $20 million damages award for misappropriation of medical trade secret with help of conservative reasonable royalty and lost profits analysis.

Kaminsky v. Herrick Feinstein LLP

New York court decides appropriate measure for failure to deliver stock options on brink of IPO is date of breach.

Businessman-Turned-BV Consultant Challenged

CEO with 30 years in business (but no BV credentials) survives Daubert challenge.

Market Value of Securities Includes Nonpublic Info

In 1998, Leonard Schneider and his three children sold their apparel companies to Norton McNaughton Inc. for $66 million plus a future earnout payment based on the companies’ performance.

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