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No ‘Circular Reasoning’ in Expert’s Lost Profits Calculation

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

Packgen v. Berry Plastics Corp. (II)

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

No ‘Circular Reasoning’ in Expert’s Lost Profits Calculation

Appeals court upholds lost profits award, finding expert’s damages model was admissible under Daubert; market survey was only one of “competing principles or methods” to gather facts on sales, and failure to use it does not make opinion per se unreliable.

Court Emphasizes Benefit of Hindsight in Evaluating Loss Period

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

Packgen v. Berry Plastics Corp. (I)

Court finds business valuator is qualified under Daubert to proffer lost profits calculation relying on statistics methods and says expert’s loss period is not a mere “guess” because hindsight reduces years of uncertainty as to relevant market conditions.

Court Determines Value of Cashless Stock Options; Illusory Dividend Not Deducted From FMV

In this contract dispute, the principal valuation issue was the value of stock options that Colmen Capital Advisors Inc. (Colmen), had received for 20% of the common stock in Polpart Placements Inc. (Polpart) and Polar Plastics Inc. (PPI) in exchange for Colmen's turnaround work related to these and affiliated companies.

Colmen Capital Advisors, Inc. v. Polar Plastics, Inc.

In this contract dispute, the principal valuation issue was the value of stock options that Colmen Capital Advisors Inc. had received for 20% of the common stock in Polpart Placements Inc. and Polar Plastics Inc. in exchange for Colmen's turnaround work related to these and affiliated companies.

Lost Profits Award Remanded for Exclusion of Losses Occurring After the Liability Period

The Nevada Supreme Court remanded a calculation of lost profits for exclusion of losses outside of the liability period determined by the lower court in this misappropriation of a trade secret case. Johnson's expert calculated lost sales of gaming cards ...

Michelle Frantz, et al. v. Charles R. Johnson

The Nevada Supreme Court remanded a calculation of lost profits for exclusion of losses outside of the liability period determined by the lower court in this misappropriation of a trade secret case. Johnson's expert calculated lost sales of gaming cards ...

Indra Ozolnieks-Burnell v. Steve Burnell

The Washington Court of Appeals, Division I ruled that a business concept for the manufacture of a synthetic cork conceived during the marriage, but not disclosed as an asset of the marriage was not an asset of value. It determined that the husband was no ...

Failure to Present Expert Testimony Regarding the Value of a Business Concept Resulted in Dismissal

The Washington Court of Appeals, Division I ruled that a business concept for the manufacture of a synthetic cork conceived during the marriage, but not disclosed as an asset of the marriage was not an asset of value.

Don McClaran v. Plastic Industries, Inc.

The Ninth Circuit reversed and remanded McClaran's damage award for breach of contract and trademark infringement regarding McClaran's kayak. The Ninth Circuit found the lost profits award speculative because it was based on projected sales of McClaran's ...

Business’s Lack of Track Record Renders Lost Profits Claim Speculative

The Ninth Circuit reversed and remanded McClaran's damage award for breach of contract and trademark infringement regarding McClaran's kayak. The 9th Circuit found the lost profits award speculative because it was based on projected sales of McClaran's ...

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