Broker Guilty of Fraud, but No Damages Found
Paul DeNucci agreed, for a commission, to have Wayne March and CB Commercial Real Estate Group Inc. find a buyer for his three car wash businesses.
Denucci v. March
DeNucci sued March for fraud, violation of the Deceptive Trade Practices Act, and breach of fiduciary duty, in connection with contract to find a buyer for car washes.
Dan Finley, et al. v. River North Records, Inc.
The U.S. Court of Appeals for the Eight Circuit affirmed the jury's award of lost profits. The court affirmed the jury's damages for Finley's out-of-pocket expenses even though the expenses were paid by his financier. It noted that the fact that the amou ...
Court Lists Factors Considered in Concert Producer’s Lost Profits Award
The U.S. Court of Appeals for the 8th Circuit affirmed the jury's award of lost profits.
Alternative Measures of Damages Are Not Cumulative
The 7th Circuit Court of Appeals affirmed a jury's award of damages for fraudulent misrepresentation, unjust enrichment, and promissory estoppel based on an agreement to transfer an ownership interest in a restaurant in exchange for legal services.
Barry C. Cosgrove v. Joseph Bartolotta, et al.
The 7th Circuit Court of Appeals affirmed a jury's award of damages for fraudulent misrepresentation, unjust enrichment, and promissory estoppel based on an agreement to transfer an ownership interest in a restaurant in exchange for legal services.
Lithuanian Commerce Corp. v. Sara Lee Hosier
This case is an appeal from an order of a magistrate judge denying Sara Lee's motion to exclude expert testimony at trial under Daubert.
Smith v. Dominion Bridge Corp.
Smith brought a motion before the court seeking class action status for himself and for those who purchased shares of Dominion on the Nasdaq stock exchange and the Vancouver Stock Exchange.
Smith v. Dominion Bridge Corp.
Claim under fraud-on-the-market doctrine, which provides a purchaser of stock from an efficient exchange a rebuttable presumption that he relied on the market's stock price.
United Jersey Bank v. Kenneth R. Kensy, et al.
The New Jersey Superior Court affirmed the lower court's decision that lender was under no obligation to the borrower to disclose an appraisal of properties to be purchased by the borrower which indicated that the properties were worth less than the purch ...
Buyer's public stock paid in acquisition drops 57% in 100 days
On Aug. 30, 1995, pursuant to a June 1995 letter of intent, Wonderware Corp. acquired all of the stock of Soft Systems Engineering Inc. (SSE) for 172,598 shares of Wonderware stock, valued at $6,399,071, based on $37.075 per share average of its last 20 days' closing Nasdaq price.
Independent Business Forms, Inc. v. A-M Graphics, Inc.
The U.S. Court of Appeals for the Eighth Circuit reversed a district court's decision denying Independent Business Forms, Inc. recovery of lost profits under the new business rule. The Eighth Circuit determined that Independent Business Forms could recov ...
Anticipated Profits of New Business May Be Based on Predecessor’s Profits
The U.S. Court of Appeals for the 8th Circuit reversed a district court's decision denying Independent Business Forms Inc. recovery of lost profits under the new business rule.
Voit v. Wonderware
At issue is plaintiff's claim that defendants' failure to disclose changes in business operations and personnel resulted in inflated values of the Wonderware stock used to purchase an enginering company.
Court Reverses Order to Dismiss Fraud Case
At issue is whether the lower court properly dismissed a complaint on the basis of failure to state a cause of action.
Bernstein v. Kelso
At issue is whether the management employees of a corporation scheming with a potential buyer to sell the corporation at the lowest possible price the principal and other shareholders would accept.
Paul and Susan Smith v. Ann Stephens
The Kansas Court of Appeals affirmed the lower court's decision denying the Smiths damages for Stephen's fraud in connection with a business sale. The court stated the proper measure of damages was the difference between the actual value of the business ...
Revaluation of Business Necessary to Establish Buyer’s Damages
The Kansas Court of Appeals affirmed the lower court's decision denying the Smiths damages for Stephen's fraud in connection with a business sale.
Medcom Holding Company v. Baxter Travenol Laboratories
The U.S. Court of Appeals for the Seventh Circuit reversed the district court's decision to overrule a jury's determination of damages. The lower court determined that a jury was incapable of understanding and adjusting expert accounting testimony. The a ...
Are Juries Capable of Understanding Expert Testimony?
The U.S. Court of Appeals for the 7th Circuit reversed the district court's decision to overrule a jury's determination of damages.
Court Deems Methodology for Determining Business's Value Unsound
This is a ruling on several motions in limine (motions to exclude evidence).
Charges of Breach of Fiduciary Duty, Fraud, and Misrepresentation Part of Company Stock Exchange
Plaintiffs charge breach of fiduciary duty, fraud, and negligent misrepresentations in connection with their exchange of Genesco Inc. Serial Preferred Stock for Genesco common stock Aug. 1, 1988.
SK Handtool Corp. v. Dresser Industries
A divided Illinois Court of Appeals reversed and remanded a jury's award of lost profits based on misrepresentation made in connection with the sale of a hand tool business to a turnaround management firm. SK Handtool had a CPA and a business valuator cal ...
Damage Award Overturned on Speculative Calculation of Lost Profit
A divided Illinois Court of Appeals reversed and remanded a jury's award of lost profits based on misrepresentation made in connection with the sale of a hand tool business to a turnaround management firm.
Ullman-Briggs v. Salton/Maxim Housewares
At issue is the admittance of expert testimony.