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Court Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Court Deems Future Lost Profits Formula an Exercise in Speculation

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

Mattress Closeout Ctr. IV, LLC v. Panera, LLC

Court rejects lost profits projections based on expert’s unique formula finding calculation was based on “questionable” assumptions; court also finds no “hard” evidence that damage from defendant’s conduct had long-term effect on plaintiff’s customers.

DCF Reliable for Calculating Lost Business Value

On plaintiff’s third attempt to prove damages due to defendant’s breach of contract, Sixth Circuit permits expert to present lost business value based primarily on discounted cash flow analysis.

JGR, Inc. v. Thomasville Furniture Industries, Inc. (III)

On plaintiff’s third attempt to prove damages due to defendant’s breach of contract, Sixth Circuit permits expert to present lost business value based primarily on discounted cash flow analysis.

JGR, Inc. v. Thomasville Furniture Industries, Inc. (IV)

Before the Court is the Report and Recommendation of Magistrate Judge Kathleen B. Burke (Doc. No. 308) addressing (1) the admissibility of Plaintiff’s expert’s testimony under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 589 (1993); (2) Defendant ...

Expert’s ‘Lay Testimony’ Stricken After Court Declares It Expert Testimony

One issue in this breach of contract case was whether it was proper for the district court to admit the testimony of James Gornick.

JGR, Inc. v. Thomasville Furniture Industries, Inc. (I)

The issue in this breach of contract case was the value of the company for the purposes of damages.

City of Stockton v. Albert Brocchi Farms, Inc.

The California Court of Appeal affirmed the lower court’s decision to exclude the valuation of condemned property using the discounted cash flow (DCF) method. The farm appealed the exclusion of the valuation. It also argued that an income valuation was ap ...

Discounted Cash Flow Valuation of Condemned Property Rejected

The California Court of Appeal affirmed the lower court’s decision to exclude the valuation of condemned property using the discounted cash flow (DCF) method.

Must distinguish between personal and enterprise goodwill

Mark Frazier and Sandra Frazier divorced on Feb. 24, 2000, and Mark appealed the marital property division to the Court of Appeals of Indiana.

Frazier v. Frazier

At issue is the valuation of the couple's furniture business.

Purchase From Brother Not Indicative of Value

One of the primary issues in the trial of this marital dissolution was the valuation of husband's 90.5% interest in a furniture business for property division purposes. The trial court found ...

Siker v. Siker

At issue is the valuation of husband's furniture business.

Prevaluation Date Transaction Between Brothers Is Not Indicative of Value

The Wisconsin Court of Appeals affirmed the lower court's valuation of the parties' furniture business in 1998. The lower court determined that a pre-valuation date redemption of the husband's brother's interest in the business was not probative. It furth ...

Appellate court accepts one side's value completely

Husband appealed the district court's $1,060,000 valuation of his interest in a family business, Gallatin Valley Furniture , from which he was ordered to pay wife $522,676.

DeCosse v. DeCosse

At issue is the valuation of husband's interest in a furniture company.

Ellis v. Ellis

At issue is the equitable distribution of the parties' marital property, particularly the appreciation in value of plaintiff's stock in the business.

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