Blair v. McDonagh
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO KEVIN BLAIR, Plaintiff-Appellant, vs. PAT MCDONAGH, Defendant-Appellee, and CLADDAGH DEVELOPMENT GROUP, LLC, Defendant. : : : : : : : : APPEAL NO. C-070238 TRIAL NO. A-0507816 D E C I S I O N. Civil Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded Date of Judgment Entry ...
Blair-Naughton, LLC v. Diner Concepts
This is a lost profits case that involves a Daubert challenge to an “industry expert” who arrived at projections, which were used by the forensic accountant to calculate damages. Since the industry expert was excluded, so went the forensic accountant who ...
In re Magna Cum Latte, Inc.
Bankruptcy court examines forecasts of future performance, discount rates in determination of lost profits.
For Complex Valuation of Food Franchises, Court Adjusts Income Approach
Court adjusts income/capitalization of earnings approach for complicated valuation of fast food franchise partnership.
Bertuca v. Bertuca
Court adjusts income/capitalization of earnings approach for complicated valuation of fast food franchise partnership.
Court Outlines Key Factors In Calculating Lost Profits for Unestablished Business
Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.
Parlour Enterprises Inc. v. The Kirin Group, Inc.
Court denies lost profits claim for unestablished business based on speculative management forecasts and lack of credible market data.
Estate of Douglas L. Manship v. United States of America
The U.S. District Court for the Eastern District of Louisiana determined that document produced by an appraiser, who considered them in performing the valuations that were attached to the estate tax return, and who was listed an a testifying expert pursua ...
Court Finds Attorney-Client Privilege Waived in Connection With Documents Supplied to Estate’s Valuation Expert
The U.S. District Court for the Eastern District of Louisiana determined that documents produced by an appraiser, who considered them in performing the valuations that were attached to the estate tax return, were not covered by the work product or attorney-client privilege.
Troy Browning v. Dennis Raymond Smeal
the California Court of Appeals, Second District affirmed The admissibility of a franchise appraisal in this attorney malpractice action. The expert was excluded because he lacked the proper qualifications to value a franchise and his valuation lacked a p ...
Robert D. Parker v. Phyllis Grosskopf Parker
The Mississippi Court of Appeals rejected the argument that the value of notes receivable should be calculated using their present cash value rather than their pay out value when the notes receivable were dissipated during the marriage.
Notes Receivable Valued at Full Face Value
The Mississippi Court of Appeals rejected the argument that the value of notes receivable should be calculated using their present cash value rather than their pay out value when the notes receivable were dissipated during the marriage.
Equitable interest in goodwill difficult to acquire
The issue in this case was the assignment of goodwill in a trust in the context of a divorce.
Good experts on both sides make appeal difficult
The issue in this marital dissolution was the value of the couple’s interest in multiple restaurants.
Affects of Sept. 11, 2001, Considered in Lost Profits Determination Involving California Restaurant
The California Court of Appeals, 1st District, reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant.
RAF Enterprises LLC, et al. v. Trident LLC, et al.
The California Court of Appeals, First District reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant. In assessing the future revenues projections as of the date of wrongful act in 2000, the co ...
Characterization and Valuation of Business Over Two Marriages Considered
The Ohio Court of Appeals, 6th District, considered the characterization, valuation and distribution of a closely held company over the parties’ two marriages.
Frick v. Frick
The issue in this marital dissolution was the value of the couple’s interest in multiple restaurants.
Duboise v. Duboise
The issue in this case was the assignment of goodwill in a trust in the context of a divorce.
Fred Tabrizi v. Daz-Rez Corporation
The Texas Court of Appeals, 4th District, concluded that a lower court properly granted judgment notwithstanding the verdict and vacated a lost profits award in this contract action.
Allen v. Allen
At issue in this case was the value of a cafe.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
10th Circuit Affirms Experts’ Range of 'Typical' Control Premium
In this breach of contract action for salmonella contamination, the district court used a precontamination offer to purchase the company’s assets as evidence of precontamination fair market value.
Experts comparable rent analysis the deciding factor
The issue on appeal was the value of the parties’ two businesses. The parties met in 1983 and married in 1991.