Rieves v. Town of Smyrna
The plaintiffs’ business was allegedly damaged by the actions of the defendant. The plaintiffs engaged an expert in economic damages and lost profits. The defendants engaged their own expert to provide his opinions as to why he believed the plaintiffs’ expert’s opinions were unreliable. The court ultimately excluded this portion of the defendants’ expert’s testimony. The defendants’ expert’s calculation of damages, however, was a matter for cross-examination and will be allowed.
U.S. District Court Excludes Expert’s Testimony on Critique of Plaintiffs’ Damages but Allows Same Expert Testimony on His Damages Calculation
The plaintiffs’ business was allegedly damaged by the actions of the defendant. The plaintiffs engaged an expert in economic damages and lost profits. The defendants engaged their own expert to provide his opinions as to why he believed the plaintiffs’ expert’s opinions were unreliable. The court ultimately excluded this portion of the defendants’ expert’s testimony. The defendants’ expert’s calculation of damages, however, was a matter for cross-examination and will be allowed.
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 ...
Matter of Wolk v. Vetco, Inc.
The New York Supreme Court valued an over the counter pharmaceutical company for a buyout under BCL sec 1118. The court rejected valuations using the liquidation and analytic pricing models, and accepted a valuation of the business using the capitalizatio ...
Illiquidity Discount Applied in Addition to Company-Specific Risk Adjustment in the Capitalization Rate
The New York Supreme Court valued an over-the-counter pharmaceutical company for a buyout under BCL sec 1118.