Trustee’s Post-Trial Attack on DOL’s Pursuit of Monetary Relief on Plan’s Behalf Crumbles
District court denies trustee’s motion for a new trial based on argument that Secretary of Labor lacked authority to pursue monetary relief against defendants; court says the plain language of the statute on which the DOL’s claims are based allows secretary to obtain damages on behalf of the ESOP.
Pizzella v. Vinoskey (II)
District court denies trustee’s motion for a new trial based on argument that Secretary of Labor lacked authority to pursue monetary relief against defendants; court says the plain language of the statute on which the DOL’s claims are based allows secretary to obtain damages on behalf of the ESOP.
DOL Prevails on All Claims Against ESOP Trustee and Owner/Seller
Trial court finds ESOP trustee liable for causing plan to overpay for company stock; trustee failed to adequately respond to red flags in ESOP appraisal and did not act solely in the interest of ESOP, court says; owner is liable for accepting price he knew to be above stock’s fair market value.
Pizzella v. Vinoskey (I)
Trial court finds ESOP trustee liable for causing plan to overpay for company stock; trustee failed to adequately respond to red flags in ESOP appraisal and did not act solely in the interest of ESOP, court says; owner is liable for accepting price he knew to be above stock’s fair market value.
Trustee Succeeds in Curtailing DOL Expert Testimony Under Daubert
In ESOP dispute, court partially excludes DOL expert’s damages analysis under Daubert; court finds expert’s market comparable approach to support overpayment claim is unreliable as is expert’s methodology for calculating alleged loss in stock value to existing shareholders.
Acosta v. Vinoskey
In ESOP dispute, court partially excludes DOL expert’s damages analysis under Daubert; court finds expert’s market comparable approach to support overpayment claim is unreliable as is expert’s methodology for calculating alleged loss in stock value to existing shareholders.
Proving Trademark Violation Complicated by Claims Between ‘Bitter’ Ex-Spouses
Ex-spouses claim trademark infringement; court finds ex-husband liable and assesses damages based on expert evidence of gross infringing (but not competing) sales, multiplied by estimated profit margins.
Zinn v. Seruga
Ex-spouses claim trademark infringement; court finds ex-husband liable and assesses damages based on expert evidence of gross infringing (but not competing) sales, multiplied by estimated profit margins.
Court Accepts Evidence of Prior Sale Price of One-Half Interest Over Expert Valuations
One of the issues in this case was whether the trial court erred in determining that the value of Cardiz Tool and Machine (Cardiz) was $240,000 and awarding one-half of that value as marit ...
Tuckosh v. Tuckosh
One of the issues in this case was whether the trial court erred in determining the value of Cardiz Tool and Machine and awarding one-half of that value as marital property to wife.
Troy Shockley v. Arcan, Inc., et al.
The U.S. Court of Appeals for the Federal Circuit reversed an award of lost profits for Arcan’s infringement of Shockley’s patent. The Federal Circuit found that the lost profits evidence was unsubstantiated because it was based on sales Shockley assumed ...
Forklift Systems, Inc. v. Werner Enterprises
The Tennessee Court of Appeals concluded that a lost profits award should be based on net profits rather than gross profits in this negligence matter where Werner's truck disabled power at Forklift's business for 1.5 days. The court additionally vacated ...
Lost Profits Award Recalculated to Consider Costs of Doing Business
The Tennessee Court of Appeals concluded that a lost profits award should be based on net profits rather than gross profits in this negligence matter where Werner's truck disabled power at Forklift's business for 1.5 days.
Buffalo Tool & Manufacturing v. Commissioner of Internal Revenue
At issue is the value of 16 n1 machines and a group of 1,101 fully depreciated items sold by Buffalo Tool.