Flawed Lost Profits Analysis Leaves Plaintiff Bereft of Damages Evidence
Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing comparability as to type of contract and scope of work and by using “ad hoc” method.
Court Rejects Bright-Line Rule for Valuing Appreciation of Nonmarital Assets
Marital estate only has claim to increased value of stock from company for which owning spouse works if nonowning spouse can show owner’s active effort “to move the appreciation value from the nonmarital category to the marital one,” appeals court affirms ...
RMS of Wisconsin, Inc. v. S-K JV
Court excludes damages opinion where expert relied on historical data from one construction project to calculate lost profits for subject project without establishing ...
Witt-Bahls v. Bahls
Marital estate only has claim to increased value of stock from company for which owning spouse works if nonowning spouse can show owner’s active effort “to move the appreciation value from the nonmarital category to the marital one,” appeals court affirms ...
Expert’s Loss-of-Use Computation Holds Up on Appeal
In summary (non-precedential) order, appellate court upholds $11.7 million loss of use award arising out of a collision at sea between defendants’ cargo vessel and plaintiffs’ unique dredge, finding the district court “permissibly determined” there was as ...
Great Lakes Business Trust v. M/T Orange Sun (II)
In summary (non-precedential) order, appellate court upholds $11.7 million loss of use award arising out of a collision at sea between defendants’ cargo vessel and plaintiffs’ unique dredge, finding the district court “permissibly determined” there was as ...
Not Appropriate to Value a Recovering Business at Its ‘Nadir’
Federal court dismisses expert’s damages calculation of under Daubert for incorrectly applying the diminution of value approach to a recovered business, and for assuming a disputed IP license had no value.
Nordetek Environmental, Inc. v. RDP Technologies, Inc.
Federal court dismisses expert’s damages calculation of under Daubert for incorrectly applying the diminution of value approach to a recovered business, and for assuming a disputed IP license had no value.
Plaintiff Sues Law Firm After Questionable Advice, Seeking Lost Future Profits
Construction company sues former lawyers after receiving questionable advice, and seeks damages based on potential lost jobs.
New York Court’s Fair Value Award in Shareholder Oppression Case Deducts Present Value of Built-In Gains Tax
Fair value award in shareholder oppression case deducts present value of built-in gains tax.
Cal-City Construction, Inc. v. Wilson, Elser et al.
Construction company sues former lawyers after receiving questionable advice, and seeks damages based on potential lost jobs.
Murphy v. United States Dredging Corp.
Fair value award in shareholder oppression case deducts present value of built-in gains tax.
Marketability Discounts Include Contingent Legal Liability but Not Contingent Sale
Appeals court reviews application of discounts for contingent liability and contingent sales costs.
Kapp v. Kapp
Appeals court reviews application of discounts for contingent liability and contingent sales costs ...
Rau v. Rau
At issue is the division and valuation of the marital property, including husband's interest in Ecoloquip, a waste water treatment manufacturer.
Wagner Construction, Inc. v. CIR
The Tax Court considered the amount of reasonable and deductible compensation of two shareholders. The expert for both parties used diverse methods to arrive at positions supporting their respective parties. The Tax Court found that the testimony of the e ...
DCF Method Appropriate for Valuing General Contractor
In 1992, May Rakow gave 1,780 shares of Illinois Hydraulic Construction Co. (IHC) stock to her children and grandchildren.
Rakow v. Commissioner
At issue is the fair market value of stock given by petitioner to her children and grandchildren.
Kautzman v. Kautzman
Issue is whether the trial court erred in its valuation of the husband's construction company.
Liquidation Approach Questioned When the Business Is Retained
The Supreme Court of North Dakota affirmed a lower court's valuation of a construction company.
In re Marriage of Reppen-Sonneson
At issue is the valuation of husband's business, Sonneson Construction, Inc.
Uncertified Accountant Accepted Over Unexplained Financial Documents
The Illinois Court of Appeals affirmed the lower court's valuation of the parties' construction business at zero.
Stevenson v. Stevenson
At issue was the date of valuation of husband's declining construction business.
Loveland v. Loveland
One issue in this case was the valuation of a construction company.