ESL Invs., L.P. v. Sears Holdings Corp. Debtor-Appellee (In re Sears Holdings Corp.)
Second-lien holders, entitled to payment only after the debts of first-lien holders have been discharged, argued that the value of the collateral that secured their claims, as measured on the petition date, vastly exceeded what they had been paid and that they were accordingly entitled to priority payment of the difference. At trial, all parties put on evidence as to the value of the assets at the petition date. The differences varied widely. “The differences among these values turned primarily on how the experts calculated the revenue Debtors could expect to earn from selling their inventory.” The appeal dealt primarily with this inventory issue and how it should be valued.
Valuation of Inventory Key to Decision on Collateral Value in Bankruptcy
Second-lien holders, entitled to payment only after the debts of first-lien holders have been discharged, argued that the value of the collateral that secured their claims, as measured on the petition date, vastly exceeded what they had been paid and that they were accordingly entitled to priority payment of the difference. At trial, all parties put on evidence as to the value of the assets at the petition date. The differences varied widely. “The differences among these values turned primarily on how the experts calculated the revenue Debtors could expect to earn from selling their inventory.” The appeal dealt primarily with this inventory issue and how it should be valued.
Expert’s Damages Opinion Specific Enough for Class Certification Stage
In a securities case, court applies Daubert analysis to plaintiff expert’s market efficiency opinion and event study; expert is qualified even without academic background, and his damages opinion is sufficiently specific to facts of the case and reliable.
Expert’s Damages Opinion Specific Enough for Class Certification Stage
In a securities case, court applies Daubert analysis to plaintiff expert’s market efficiency opinion and event study; expert is qualified even without academic background, and his damages opinion is sufficiently specific to facts of the case and reliable.
Willis v. Big Lots, Inc.
In a securities case, court applies Daubert analysis to plaintiff expert’s market efficiency opinion and event study; expert is qualified even without academic background, and his damages opinion is sufficiently specific to facts of the case and reliable.
Estate of Cyril I. Magnin v. CIR (III)
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Introduction of Lost Profits Evidence Affirmed
The California Court of Appeal considered whether the introduction of lost profits testimony in a personal injury action.
George Heiner v. Kmart Corporation
The California Court of Appeal considered whether the introduction of lost profits testimony in a personal injury action.
Reduction for Obsolescence and Trademark Rights Key to Ad Valorem Tax
The Georgia Court of Appeals heard this appeal from the Macon-Bibb County Board of Tax Assessors.
Macon-Bibb County Board of Tax Assessors v. J.C. Penney Company
At issue is the plaintiff's claim that the Taxpayer presented no competent evidence of the fair market value of the inventory.
Price Negotiations With Criminal Did Not Establish Value of Converted Stock
The 5th Circuit affirmed a jury's determination of damages in a stock conversion case.
50-Off Stores, Inc. v. Banques Paribas (Suisse) S.A., et al.
The 5th Circuit affirmed a jury's determination of damages in a stock conversion case.
Questrom v. Federated Dep't Stores
At issue is the determination of incentive compensation.
CEO can't challenge valuation pursuant to employment agreement
The CEO of Federated brought suit against the corporation. The CEO objected to the choice of valuation expert chosen to determine the value of the company's equity appreciation for the purpo ...