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Court Rejects Expert’s Use of Going Concern Method for Inactive Business

In Daubert ruling, state court excludes valuation the expert claimed was based on the going concern, or “Queenan” methodology; although a reliable method, it cannot be applied to the facts of the case in a reliable manner, considering the business never h ...

O’Rourke v. Burke and Hotchkiss

In Daubert ruling, state court excludes valuation the expert claimed was based on the going concern, or “Queenan” methodology; although a reliable method, it cannot be applied to the facts of the case in a reliable manner, considering the business never h ...

Income Approach Does Not Assume an Actual Buyer for the Business

Court dismisses as “meritless” a Daubert challenge to a $2.7 million business valuation under the income approach, which claimed the expert incorrectly assumed that there was actually a buyer for the company at this amount.

Sann v. Mastrian

Court dismisses as “meritless” a Daubert challenge to a $2.7 million business valuation under the income approach, which claimed the expert incorrectly assumed that there was actually a buyer for the company at this amount.

AccuWeb v. Foley & Lardner

IT company unable to prove economic damages from lapsed patent with “reasonable certainty.”

Law on Enterprise Goodwill in Divorce Limits Valuation in Later Legal Malpractice

In a post-dissolution malpractice action, appraiser may not apply enterprise goodwill in valuing a professional practice if contrary to state law at the time of the divorce.

Weisman v. Schiller DuCanto and Fleck

In a post-dissolution malpractice action, appraiser may not apply enterprise goodwill in valuing a professional practice if contrary to state law at the time of the divorce.

Can a Divorce Client Sue Her Lawyer for Failing to Obtain a Business Valuation?

A divorcing spouse sues her attorney for failing to obtain an appraisal of limited partnerships.

Business’s Lost Profits Considered in Attorney Malpractice Case

The Indiana Court of Appeals affirmed an award of lost profits in an attorney malpractice action.

Brent E. Clary v. Lite Machines Corporation

The Indiana Court of Appeals affirmed an award of lost profits in an attorney malpractice action. In doing so, it held that the lost profits award need not be limited to the damages that were recoverable in the case that gave rise the malpractice claim an ...

Caudill v. Roberts

A divorcing spouse sues her attorney for failing to obtain an appraisal of limited partnerships.

Attorney Malpractice Resulted in $30 Million Lost Profits Award

The California Court of Appeal, 1st District, reversed a $30 million damages award in this attorney malpractice action.

Kairos Scientific Inc. v. Fish & Richardson, P.C.

The California Court of Appeal, 1st District, reversed a $30 million damages award in this attorney malpractice action.

Troy Browning v. Dennis Raymond Smeal

the California Court of Appeals, Second District affirmed The admissibility of a franchise appraisal in this attorney malpractice action. The expert was excluded because he lacked the proper qualifications to value a franchise and his valuation lacked a p ...

Franchise Valuation Lacking Proper Foundation Excluded in Attorney Malpractice Action

The California Court of Appeals, 2nd District, affirmed the admissibility of a franchise appraisal in this attorney malpractice action.

Steven F. Bright, et al. v. Harold Addison, et al.

The Texas Court of Appeals affirmed a trial court’s admission of lost profits testimony. It found that the testimony regarding lost profits had a sufficiently reliable basis when the damages were computed using 20-months of actual operating history for th ...

Use of Actual Operating Results Establishes Sufficiently Reliable Basis for Lost Profits Computation

The Texas Court of Appeals affirmed a trial court’s admission of lost profits testimony.

Hatfield v. VanEpps

Law firm uses appraiser to value surgical practice but was already involved in another divorce case with the firm, a case involving another member of the practice.

Strong v. Vestevich

Appellant agreed on record and under oath to voluntarily waive the opportunity for discovery and accept husband's valuation of his GM dealership at trial.

Donna Sue Fischer Faris v. Thomas K. Stone

The Kentucky Supreme Court considered an attorney malpractice claim in connection with the failure to obtain a business valuation pursuant to a divorce. The attorney was found negligent for failing to advise his client of her right to have her husband’s b ...

Statute of Limitations Runs Out on Malpractice Suit

The Kentucky Supreme Court considered an attorney malpractice claim in connection with the failure to obtain a business valuation pursuant to a divorce.

Startup Businesses Can Prove Lost Profits Without Actual Record of Past Earnings

This was a legal malpractice action with an extremely complicated set of facts, in which plaintiffs claimed that defendants breached their fiduciary duties, causing them millions of dollars in damages.

Kilpatrick v. Wiley, Rein & Fielding

Legal malpractice action with an extremely complicated set of facts. Plaintiffs claimed that defendants breached their fiduciary duties, causing millions of dollars in damages.

Michael Viner, et al. v. Charles A. Sweet, et al.

The California Court of Appeal, Second District considered whether the lower court appropriately admitted Viner’s economic expert in this legal malpractice case arising from a business sale. The expert was an accountant and appraiser, but did not have exp ...

Industry Experience Is Not Required for Admission of Economic Expert

The California Court of Appeal, 2nd District, considered whether the lower court appropriately admitted Viner’s economic expert in this legal malpractice case arising from a business sale.

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