Fraud Examiner’s Cash Deposit Analysis Survives Daubert Motion
In Shirley Hodge Funderburk v. Milton Johnson, No. 2004-CA-0446-COA (Miss. App. March 28, 2006), the Mississippi Court of Appeals affirmed the admission of expert accounting testimony in this malicious prosecution action relating to embezzlement charges.
La Jolla Cove Motel and Apartments, Inc. v. Lawrence Jackman
The California Court of Appeals affirmed the quantification of personal charges paid using corporate funds by using a type of store and location analysis. This approach was used to be conservative where all the undocumented purchases could have been attri ...
By-Location and By-Type of Purchase Analysis Used to Account for Misappropriated Corporate Funds
The California Court of Appeals affirmed the quantification of personal charges paid using corporate funds by using a type of store and location analysis.
Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc.
Future forecasts, alone, are insufficient to support market value calculations ...
Haupt v. Heaps
Straight-Line Ramp-up (“SLR”) method to value stock fails under Daubert challenge ...
Maryland Concludes Lost Profits Should Be Lost Net Profits
The Maryland Court of Special Appeals reversed an award for lost profits obtained from this fraudulent inducement action because the economic expert upon which the lower court relied calculated only gross income.
Ari Rozen v. Michal Greenberg
The Maryland Court of Special Appeals reversed an award for lost profits obtained from this fraudulent inducement action because the economic expert upon which the lower court relied calculated only gross income and failed to account for any business expe ...
VFB LLC v. Campbell Soup Co. (I)
Court relies on publicly-traded value and market comparables to determine fair market value; rejects flawed DCF analysis ...
Lost Profits in Fraud Action Analyzed
The Texas Court of Appeals for the 3rd District considered an award of lost profits as consequential damages stemming from a fraud claim.
Spring Windows Fashions Division, Inc. v. The Blind Maker, Inc.
The Texas Court of Appeals for the Third District considered an award of lost profits as consequential damages stemming from a fraud claim. It permitted recovery for lost profits based on a before and after analysis of overall business profits, the drop i ...
Frontier Medical, Inc. v. Ronald Weinstock
The California Court of Appeals, Fourth District affirmed a lost profits award in a fraudulent inducement action involving a medical device not previously sold in the U.S. Here that fact did not prevent recovery of lost profits because the defendant had a ...
New Business Rule Inapplicable Where Both Parties Have Experience With the Same or Similar Devices
The California Court of Appeals, 4th District, affirmed a lost profits award in a fraudulent inducement action involving a medical device not previously sold in the U.S.
Owner’s Testimony of Prospective Gross Sales Is Insufficient to Establish Lost Profits
The U.S. Court of Appeals for the Federal Circuit considered a jury’s award in this fraud action involving an agreement to distribute human nutritional supplements.
Designing Health, Inc. v. Udo Erasmus
The U.S. Court of Appeals for the Federal Circuit considered a jury’s award in this fraud action involving an agreement to distribute human nutritional supplements. The court rejected a damage calculation based on the benefit-of-the-bargain measure as mat ...
RiLoRo, Inc. v. Michael Tumanjan, et al.
The California Court of Appeals affirmed in part and reversed in part a damage award in a fraud action involving a liquor license and a restaurant lease. It affirmed the calculation of out-of-pocket losses as the difference between total expenditures for ...
Out-of-Pocket Damages Computed in Fraud Case
The California Court of Appeals affirmed in part and reversed in part a damage award in a fraud action involving a liquor license and a restaurant lease.
Evidence of USPAP Violation Does Not Establish Appraiser’s Negligence Per Se
Olympic Coast Investment Inc., and individual investors (collectively OCI) hired Paul Iverson to conduct an independent appraisal of a gas station and convenience store for the purpose of making a loan in connection with the sale of the business.
Olympic Coast Investment, Inc. v. Gadini
The court in this case ruled that evidence that an appraiser failed to follow USPAP did not prove the appraiser's negligence per se, but had to be presented to the jury for a determination on negligence.
Thomas Persson v. Smart Inventions, Inc., et al.
The California Court of Appeals, Second District affirmed a damage award in the fraudulent concealment action involving the sale of stock between shareholders, which was measured as the actual value of the interest less the amount of the purchase price. T ...
Damages Flowing From Withheld Corporate Information Considered
The California Court of Appeals, 2nd District, affirmed a damage award in the fraudulent concealment action involving the sale of stock between shareholders, which was measured as the actual value of the interest less the amount of the purchase price.
Evidence of Damages in Fraud Case Considered
The Texas Court of Appeals, 1st District, reversed a jury’s damage award for fraudulent inducement involving an employment contract and a minority interest in a closely held company because the award was not supported by the evidence.
William H. Elliott, Jr. v. Stephen Whitten
The Texas Court of Appeals, First District reversed a jury’s damage award for fraudulent inducement involving an employment contract and a minority interest in a closely held company because the award was not supported by the evidence. The court found tha ...
Totale, Inc. v. Donald C. Smith
The Florida Court of Appeal, Fourth District reversed a jury’s award in this fraud action involving the purchase of stock. In doing so it noted that recovery under either the out-of-pocket measure or the benefit-of-the-bargain measure requires proof of th ...
Valuation of Company on Date of Fraud Required in Case Involving Stock Transfer
The Florida Court of Appeal, 4th District, reversed a jury’s award in this fraud action involving the purchase of stock.
Mark Choi, D.D.S. v. Edward L. Harvey
The California Court of Appeals, First Appellate District affirmed the trial court’s award of damages for fraud in connection with the sale of a dental practice. The practice’s actual fair market value was determined as a percentage of the latest year’s g ...