Lack of Independent Business Valuation Affects Viability of Fraud Claims
Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.
Lusins v. Cohen
Failure to obtain an independent valuation of medical business costs plaintiff in the long-run.
Limiting Conditions Shield Appraisers From Third-Party Reliance on Reports
Clear limiting language in appraisal successfully shields against third-party reliance and lawsuit for negligent appraisal.
Should Solvency Valuation Include Ongoing but Undiscovered Fraud?
Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.
Court Considers Precluding Goodwill From Solvency Valuation
Court considers whether jury instruction on insolvency in fraudulent conveyance case should preclude value of goodwill.
Home Healthcare Valuation Turns on Expert’s ‘Thorough’ Analysis
Defrauding home healthcare agency results in award of over $2.5 million to owners, based on “thorough” valuation evidence.
DeBoer v. American Appraisal Associates
Clear limiting language in appraisal successfully shields against third party reliance and lawsuit for negligent appraisal.
In re Edgewater Medical Center
Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.
BAA v. Acacia Mutual Life Insurance Co.
Court considers whether jury instruction on insolvency in fraudulent conveyance case should preclude value of goodwill.
Rogers v. Alexander
Defrauding home healthcare agency results in award of over $2.5 million to owners, based on “thorough” valuation evidence.
Disappointed Investors Can’t Recover for Collapsed Stock Value Without Expert Evidence
Disappointed investors can’t recoup for collapsed telecomm stock without showing that financial advisor’s statements directly caused the loss in value.
Reversal of Fortune: $1.45 Billion Verdict Vacated for Lack of Fraud-Free Valuation
Court reverses $1.45 billion jury verdict based on lack of “fraud-free” valuation of securities.
Expert Faces Daubert Challenge Based on Article in Firm Newsletter
Analyst challenged in Daubert hearing by an article written for his firm newsletter on the federal evidentiary standards.
United States Fidelity and Guaranty Co. v The Scott Companies
Court considers whether FLPs with multi-level discounts are void as fraudulent transfers on creditors.
Ray v. Citigroup Global Markets, Inc.
Disappointed investors can’t recoup for collapsed telecomm stock without showing that financial advisor’s statements directly caused the loss in value.
Morgan Stanley & Co. Inc. v. Coleman (Parent) Holdings Inc.
Florida Court of Appeals reverses largest jury verdict to date for economic damages ($1.45 billion) for lack of "fraud-free" evidence related to claims that investment bank helped to fraudulently inflate the value of plaintiff's target acquisition (Sunbea ...
Ward v Healthsouth Corp
Before the court is HealthSouth Corporation and Diagnostic Health Corporation’s Motion for Judgment as a Matter of Law, New Trial, and/or Remittitur, filed October 26, 2006 (doc. no. 292). Upon review of the parties’ submissions in regard the motion, t ...
When Business Owners Testify on Valuation, Damages Equal $1.00
Court disallows economic loss damages from business owners for failure to provide sufficiently accurate valuation analysis.
Must an ESOP Appraisal Consider the Company’s Potential Sale Negotiations?
Must an ESOP appraisal account for a company’s potential sale negotiations?
Chavez Properties-Airport Parking Albuquerque, LP, v. Lorentzan
Court disallows economic loss damages from business owners, for failure to provide sufficiently accurate valuation analysis.
Kennedy v. Trustmark National Bank
Must an ESOP appraisal account for a company’s potential sale negotiations?
‘SLR’ Method to Value Stock Too Novel to Pass Daubert Challenge
Straight-line ramp-up (SLR) method to value stock fails under Daubert challenge.
Court Compares Comparable Company Analyses—And Concludes Campbell’s Is the Better by Far
Court relies on publicly traded value and market comparables to determine fair market value, rejects flawed DCF analysis.
Forecasts of Future Revenue, Alone, Insufficient to Determine Market Value
Future forecasts, alone, are insufficient to support market value calculations ...
Shirley Hodge Funderburk v. Milton Johnson
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2004-CA-01446-COA SHIRLEY HODGE FUNDERBURK APPELLANT v. MILTON JOHNSON, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER OF HYDE BROTHERS LUMBER COMPANY; GINGER JOHNSON, INDIVIDUALLY AND IN HER CAPACITY AS AN OFFICER OF HYDE BROTHERS LUMBER COMPANY; AND HYDE BROTHERS LUMBER COMPANY D/B/A TRUE VALUE HARDWARE STORE APPELLEE DATE OF JUDGMENT: 5/12/2004 TRIAL JUDGE: HON. ALBERT B. SMITH, III COURT FROM WHICH APPEALED: TUNICA COUNTY ...