Motobilt, Inc. v. Bystronic, Inc.
In this breach of warranty case, the plaintiff offered opinions of a damages expert but found the expert’s opinions inadmissible. The defendant argued that the plaintiff’s expert “applies accounting and economic principles” to assess the value of the equipment, but his report did not identify any such principles or explain how they supported his valuation methodology. Since the plaintiff had no damages evidence to offer, the defendant was granted summary judgment.
U.S. District Court Finds Plaintiff’s Expert’s Testimony Inadmissible and Grants Summary Judgement to Defendant
In this breach of warranty case, the plaintiff offered opinions of a damages expert but found the expert’s opinions inadmissible. The defendant argued that the plaintiff’s expert “applies accounting and economic principles” to assess the value of the equipment, but his report did not identify any such principles or explain how they supported his valuation methodology. Since the plaintiff had no damages evidence to offer, the defendant was granted summary judgment.
Michigan Court Explains How to Handle Retained Earnings in Divorce Cases
In deciding whether, in divorce, retained earnings in a closely held company that is separate property are includible in marital estate, appeals court creates presumption against inclusion and requires trial court to perform totality of circumstances review.
Jensen v. Jensen
In deciding whether, in divorce, retained earnings in a closely held company that is separate property are includible in marital estate, appeals court creates presumption against inclusion and requires trial court to perform totality of circumstances review.
Court Trusts Process to Test Expert’s Calculation of Value
Calculation reports periodically become a point of contention in litigation in trial and appeals courts. Courts have responded in different ways to questions about their usefulness and reliability. A recent case explores the issue of whether expert testimony based on a calculation of value is admissible under Daubert. Prior to marriage, the husband founded a company that marketed and sold Steel Seal, a car repair product that sealed blown head gaskets. The company ...
Hipple v. SCIX, LLC
Trial court finds plaintiff expert’s testimony based on a calculation of value instead of a full appraisal is admissible under Daubert because it is a form of engagements approved by the AICPA and the expert explained his methodology and assumptions.
Damages Expert Can Assume But Not Opine as to Market Share
Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...
Illinois Tool Works, Inc. v. MOC Products Co., Inc.
Federal court permits damages expert to assume the plaintiff’s 50% market share in calculating lost profits, based on information from a technical expert, but disallows him from offering an opinion that the plaintiff in fact held a 50% share, for lack of ...
Lost Profits Based on Single Price Quote Too Speculative?
Court upholds $10 million in lost profits damages against automaker supplier based on letter of intent, confidentiality agreement, and single price quote but confirms exclusion of $28 million in additional damages based on speculation.
Multimatic, Inc. v. Faurecia Interior Systems, USA, Inc.
Court upholds $10 million in lost profits damages against automaker supplier based on letter of intent, confidentiality agreement, and single price quote but confirms exclusion of $28 million in additional damages based on speculation.
Ricky Lee Gates v. Jeanne Marie Gates
The Michigan Court of Appeals considered whether the stipulated value of a business could be reduced for a post-valuation date occurrence. The appellate court affirmed the reduction because the stipulation valued the business at $313,500 “assuming … debt ...
Appropriately Worded Stipulation Results in Value Lower Than Stipulated
The Michigan Court of Appeals considered whether the stipulated value of a business could be reduced for a post-valuation date occurrence. The appellate court affirmed the reduction because the stipulation valued the business at $313,500 “assuming … debt ...
Site visit contributes to affirmed valuation
One of the many issues in this marital dissolution is the valuation of husband's auto parts business. The trial court found that the fair market value of the business was $320,000; wife appe ...
Zeefe v. Zeefe
At issue is the valuation of husband's auto parts business.
Iowa Supreme Court Affirms Bench Trial Valuation, Upholds No Discount for Lack of Marketability
This action was brought to obtain a court appraisal of the fair value of stock the Kellys owned.
Sieg v. Kelly
At issue is the valuation of the defendant's stock in the plaintiff company, a distributor of automobile parts and supplies.
Experts Disagree on Use of DCF in Marital Dissolution
The main issue in this case is the value of 100% of the stock of Autosales, Inc., a company which distributes specialty automotive products under the trade name "Summit Racing," about 10% th ...
Sergi v. Sergi
The court discussed the appropriateness of the discounting cashflow method of valuation over the capitalization of excess earnings.