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Muszynski v. Muszynski

Trial court adopts valuations of wife’s expert for husband’s 50% interest in waste industry company, finding expert used methods that properly separated out husband’s personal goodwill; court also accepts inclusion of identifiable intangibles shown to belong to company; appeals court affirms.

Court Validates Expert’s Method for Separating Out Owner’s Personal Goodwill

Trial court adopts valuations of wife’s expert for husband’s 50% interest in waste industry company, finding expert used methods that properly separated out husband’s personal goodwill; court also accepts inclusion of identifiable intangibles shown to belong to company; appeals court affirms.

Defendant’s Move to Exclude Damages Expert at Class Certification Stage Fails

Court performs Daubert inquiry at class certification stage, finding plaintiffs’ expert testimony is admissible; expert has shown it is possible to calculate damages by applying common, reliable formula to entire class, court says, certifying class.

Defendant’s Move to Exclude Damages Expert at Class Certification Stage Fails

Court performs Daubert inquiry at class certification stage, finding plaintiffs’ expert testimony is admissible; expert has shown it is possible to calculate damages by applying common, reliable formula to entire class, court says, certifying class.

In re Stericycle, Inc.

Court performs Daubert inquiry at class certification stage, finding plaintiffs’ expert testimony is admissible; expert has shown it is possible to calculate damages by applying common, reliable formula to entire class, court says, certifying class.

Court Accepts Cost Approach to Calculate Value of Lost Business

Fifth Circuit affirms lower court’s use of adjusted replacement cost as measure of damages where parties disagreed on how to calculate fair market value (FMV) of destroyed business; no market for the unique used facility exists and the value of used compo ...

Factory Mutual Insurance Co. v. Alon USA

Fifth Circuit affirms lower court’s use of adjusted replacement cost as measure of damages where parties disagreed on how to calculate fair market value (FMV) of destroyed business; no market for the unique used facility exists and the value of used compo ...

Court Favors Expert Over Owners in Dissenting S/H Dispute

Fair value for dissenting shareholder does not include the actual profits of the company after the effective valuation date, in this case the dissolution of the corporation.

Rickert v. Dakota Sanitation Plus, Inc.

Fair value for dissenting shareholder does not include the actual profits of the company after the effective valuation date, in this case the dissolution of the corporation.

IRS Expert Defends Daubert Attack by Focusing on Key Elements of Market Approach

IRS expert defends Daubert attack by focusing on key elements of market approach, "misapplication" of data.

KSP Investments, Inc. v. United States

IRS expert defends Daubert attack by focusing on key elements of market approach, "misapplication" of data.

In re the Marriage of Lance

Stacie Lance appeals from the child support, alimony, and property division provisions of the district court’s decree dissolving her marriage to Michael Lance. We affirm in part and remand with directions.

In re the Marriage of Fry

Appellant Timothy Fry appeals from post-dissolution orders requiring him to make certain payments to his former wife, Tara Fry.1 Timothy contends that marital assets, chiefly a small disposal business he operated during the marriage, were overvalued, a ...

Ari Rozen v. Michal Greenberg

The Maryland Court of Special Appeals reversed an award for lost profits obtained from this fraudulent inducement action because the economic expert upon which the lower court relied calculated only gross income and failed to account for any business expe ...

Maryland Concludes Lost Profits Should Be Lost Net Profits

The Maryland Court of Special Appeals reversed an award for lost profits obtained from this fraudulent inducement action because the economic expert upon which the lower court relied calculated only gross income.

Atlas Disposal Industries, LLC v. BRI Waste Systems of North America, Inc.

The California Court of Appeal for the 3rd District affirmed a lower court award of damages for breach of contract based on the contract price rather than net lost profits in this breach of contract case.

Lost Profits Based Solely on Business Plan Rejected

The Florida Court of Appeals, 3rd District, reversed an award for lost profits.

Estate of Edward H. Eddy v. CIR

The Tax Court refused to permit the estate to use the alternate valuation date because the estate's tax return was filed beyond the time prescribed by law. It additionally permitted the application of a blockage discount (which was uncontested by the IRS ...

Blockage Discount Applied to Small Block of Public Stock

The Tax Court refused to permit the estate to use the alternate valuation date because the estate's tax return was filed beyond the time prescribed by law.

Estate of Robert L. Snyder v. United States of America

The Court of Federal Claims permitted the estate to deduct a environmental liability settlement over the objection of the IRS. The estate held a landfill in a trust. The Landfill was a Superfund site on the 1986 date of death. In 1997, the environmental ...

Environmental Litigation Settlement Deductible From the Gross Estate

The Court of Federal Claims permitted the estate to deduct a environmental liability settlement over the objection of the IRS.

Reese v. Reese

At issue in this case is the valuation date and use of non-competition agreement in the maritial estate.

Degree of Control Is a Factor

The Indiana Court of Appeals affirmed the valuation date of a company set one month before government regulations adversely affecting the company when into effect. The appellate court affirmed, noting that the husband controlled the company and that he ha ...

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