Expert Testimony Offered at Class-Certification Stage Survives Daubert Challenge
In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.
Cline v. Sunoco
In class-certification context, court says plaintiff’s damages expert meets Rule 702/Daubert requirements as they apply in early stage of litigation; expert is qualified, and, damages model, even if not fully developed, provides a sufficiently reliable way to calculate damages on classwide basis.
Comps Are Critical to Prove Lost Profits for Proposed Business
California Court of Appeals permits lost profits for breach of contracts to convey real estate, but finds the plaintiff failed to prove the same with reasonable certainty in this case by relying on other developed locations that were not sufficiently comp ...
Flying J, Inc. v. Department of Transportation
California Court of Appeals permits lost profits for breach of contracts to convey real estate, but finds the plaintiff failed to prove the same with reasonable certainty in this case by relying on other developed locations that were not sufficiently comp ...
Surviving Daubert Is Only Half the Battle in Presenting Lost Profits Damages
Court vacates future lost profits award based on lack of reliable expert evidence regarding future sales, beyond contract term.
Truman Arnold Companies v. Hammond and Consultants Enterprises, Inc.
Court vacates future lost profits award based on lack of reliable expert evidence regarding future sales, beyond contract term.
Good Use of Defense Expert in Breach of Contract/Damages
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Sossikian v. Ennis
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Divorce Court Discounts for Flawed Comparables and for Lack of Control Regarding 50% Interest
Divorce court discounts for flawed comparables and lack of control in valuation of four related companies.
‘Faulty Absolutes’ and Flawed Jury Findings Undermine FF&E Valuation
Arbitrary jury findings—unsupported by the evidence—undermines FF&E valuation in this ad valorem taxation case.
Bussa v. Bussa
Divorce court discounts for flawed comparables and lack of control in valuation of four related companies.
In re the Marriage of John Clarence Wiedewitsch v. Lisa Marie Wiedewitsch
The Minnesota Court of Appeals affirmed the characterization of a closely held business as entirely separate property where the business's financial situation was approximately the same on the valuation date as it was on the date of the marriage. The cour ...
Harris County Appraisal District v. Sigmor Corp.
Arbitrary jury findings--unsupported by the evidence--undermines FF&E valuation in this ad valorem taxation case.
Characterization of Business Considered
The Minnesota Court of Appeals affirmed the characterization of a closely held business as entirely separate property where the business's financial situation was approximately the same on the valuation date as it was on the date of the marriage. The cour ...
Hicks Oil & Butane Co. v. George Garza
The Texas Court of Appeals, Fourth District, reversed a lost profits award to a gasoline dealer because the lost profits evidence was speculative.
Damages for Price Fixing Determined Using Historical Sales
The U.S. Court of Appeals for the Fifth Circuit affirmed a jury’s award of lost profits in this vertical minimum price fixing antitrust action. The lost future profits award was calculated based on 3-year average of PSKS’ sales of Leegin goods, where gros ...
Lost Profits Award Reversed When It Did Not Include All Expenses Related to the Project
The Nebraska Court of Appeals reversed a lost profits award because the lost profits calculation the lower court adopted failed to account for all the expenses associated with the misappropriated corporate opportunity.
State of Nevada v. Cowan
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
Jaswant Dhillon, et al. v. Chevron U.S.A., Inc., et al.
The California Court of Appeals, 1st District, affirmed a damages award for breach of the covenant of good faith and fair dealing in connection with the sale of a gas station.
Amoco Oil Company v. Caroline Gomez
The U.S. Court of Appeals for the 11th Circuit considered an award of reliance damages in this breach of contract action involving several gas stations.
P.F.I., Inc. v. Nadezda Kulis
The New Jersey Superior Court, Appellate Division, reversed the lower court’s award of lost profits.
Discounted Cash Flow Method Used to Value Marina and Houseboat Rental Business
The U.S. Court of Appeals for the 3rd Circuit recalculated the bankruptcy court’s valuation of a marina and houseboat rental business.
In re John Joseph Edwards
At issue is breach of fiduciary duty by the trustee in regards to the sale price.
In re John Joseph Edwards
The main issue in this bankruptcy case (third and final opinion on the matter) is the objection of debtor, Edwards, to the disposition of his assets by the Chapter 7 Trustee.
Janis Valentino v. Paul Valentino
The New Jersey Superior Court determined that a property purchased prior to the parties marriage was his personal property, but since he opened and operated a gas station from the property during the marriage the appreciation of that property was partiall ...