A Tale of Two Experts: U.S. District Court Compares Competing Valuations, With Divergent Results
The need for independent verification of data and appraiser objectivity is stressed by the U.S. District Court, in a case where the two appraisers took notably different approaches.
Blair-Naughton, LLC v. Diner Concepts
This is a lost profits case that involves a Daubert challenge to an “industry expert” who arrived at projections, which were used by the forensic accountant to calculate damages. Since the industry expert was excluded, so went the forensic accountant who ...
Thornton v. J Jargon Co.
This is a copyright case which addresses what is needed to calculate lost profits, provides an overview of what is necessary to prove a copyright violation, and provides analysis, including Daubert, of what is required to obtain lost profits based on infr ...
Lyman v. St. Jude Medical S.C., Inc.
The need for independent verification of data and appraiser objectivity is stressed by the U.S. District Court, in a case where the two appraisers took notably different approaches.
Netquote v. Byrd (I)
Court qualifies plaintiff’s expert under Daubert to testify regarding lost value of customer accounts based on review of the accounts, a prior valuation report, and a revenue multiplier derived from existing accounts.
Pretrial Attack on Expert for Improper Standard of Value and Valuation Date
Expert survives pretrial attack challenging improper standard of value and choice of valuation date in corporate "squeeze out" case.
Bair v. Purcell
Expert survives pre-trial attack challenging improper standard of value and choice of valuation date in corporate "squeeze out" case.
Try Hours, Inc. v. David L. Swartz, et al.
The Court of Appeals of Ohio reversed the trial court’s granting of summary judgment for defendants on the basis that plaintiff’s damages were speculative and that the methodology used by plaintiff’s expert to calculate lost profits was flawed. The reviewing court found that the damages calculation gave rise to genuine issues of material fact that precluded the summary dismissal of plaintiff’s claims.
Kozak v Medtronic, Inc
Pending is Plaintiff’s Motion to Clarify or Reconsider Daubert Rulings (Document No. 126), requesting reconsideration of a portion of the Order entered September 28, 2006 (Document No. 123) to clarify that David Leathers and Jeffrey Kozak may offer exp ...
Expert Dubbed "Unpersuasive" Rebuts Judge Laro's Rejection
Dear Shannon: I enjoyed speaking with you on the telephone and I appreciate your taking the time to review the Kaufman case. I have enclosed copies of the case, I have enclosed copies of the case, my initial valuation report of the subject interest as of April 14, 1994, and the supplemental report I prepared at Judge Laro's instruction before trial which addresses the lack of marketability selection specifically in the context of 10 factors mentioned in the Mandelbaum case.
Expert dubbed "unpersuasive" rebuts Judge Laro's rejection
I have reviewed the write up of Estate of Kaufman in the May issue of your newsletter, and I am very concerned that it unfairly portrays me as having not done a credible valuation because it takes Judge Laro's criticisms of my report at face value.
North Carolina Rejects Daubert Federal Expert Testimony Standard
In this products liability case, the issue was whether North Carolina had adopted the federal Daubert standard of expert testimony admissibility.
Howerton v. Arai Helmet
The issue in this case was the testimony of an expert witness.
A guide to better business appraisal expert testimony
This is a book that all business appraisers planning to expand their litigation support services should have in their library. The book presents tools and techniques that help business appraisers become better expert witnesses and better understand the legal process and their appropriate role. Every chapter begins with a paragraph explaining its purpose and its relevance to appraiser's work and contains examples illustrating the concepts.
Greenlight Capital Qualified, L.P. v. Emerging Communications, Inc.
The Delaware Court of Chancery issued a letter opinion allowing a depoistion of a valuation expert, even though the actual valuation was not in evidence becuase it had work product immunity. The court found that the valuator's testimony regarding techniqu ...
Valuation Document Protected, But Valuator May Be Deposed
The Delaware Court of Chancery issued a letter opinion allowing a deposition of a valuation expert, even though the actual valuation was not in evidence because it had work product immunity.
Involve your business appraiser in discovery
Many lawyers don’t involve their business appraisal expert in the discovery process in cases involving the value of a business or practice.
Seattle Packaging Corporation v. Donald E. Barnard
At issue is the valuation of respondent's interest in Seattle Packaging Corporation.
Seattle Packaging Corporation v. Donald E. Barnard
Arbitration commenced to determine value of interest in corporation pursuant to sale agreement.
Direct Media/DMI, Inc. v. Rubin
At issue is the admittance of expert testimony.
New York Supreme Court Grants Corporation's Motion for Deposing Witness
New York Supreme Court, Appellate Division, modified in part a discovery order of the trial court, by granting the corporation's motion for an open commission for the oral examination of a nonparty witness.
When the Appraiser Takes the Stand
As the valuation profession evolves and gains credibility, appraisers will be called on more and more to provide litigation support and dispute resolution services with respect to numerous types of controversies. Recognizing this, the author presents 20 recommended procedures for valuation practitioners who provide testimony. While some may seem like common sense, all are important.
General Electric Co. v. Joiner
Supreme Court holds that appeals court must review trial court’s exclusion of expert testimony pursuant to Daubert under abuse of discretion standard and district court in case did not err in finding testimony irrelevant and unreliable.
Newport Ltd. v. Sears, Roebuck & Co.
Issue is a Motion in Limine to exclude expert testimony of lost profits, applying Daubert standard.
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Landmark decision by the U.S. Supreme Court, which ended by promulgating a new “gatekeeping” function for federal judges and developing an evidentiary standard now known by a single name: Daubert.