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‘Undue’ Scrutiny of Expert’s Data Triggers Erroneous Exclusion

Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...

Manpower, Inc. v. Insurance Co. of Pennsylvania (III)

Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...

Damages Calculation Resting on Loan Sampling Is ‘Solid’

In breach of contract action involving loan pools, federal court rejects Daubert challenge to expert’s calculation of damages based on statistical sampling.

Assured Guaranty Municipal Corp. v. Flagstar Bank, FSB

In breach of contract action involving loan pools, federal court rejects Daubert challenge to expert’s calculation of damages based on statistical sampling.

Expert’s Analysis of Business Interruption Loss Breaks Over Selection of Growth Rate

Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.

Business Interruption Loss: Expert Should Consider Only Historical Sales

5th Circuit finds that only historical sales figures should factor into business-interruption lost profits claims, and not an entity’s experience following the disaster.

Manpower, Inc. v. Insurance Co. of Pennsylvania (I)

Expert’s analysis of business-interruption losses breaks down over selection of a revenue growth rater from a short (five-month) period prior to the business injury.

Lifetime Lost Profits Subject to Contractual Termination Limits

Court reduces an expert’s “lifetime” award of lost profits to the three-month termination/notice provisions under the employment contract.

CPA/Expert Rescues Insured From Post-Katrina Losses

Federal court confirms jury award of over $560,000 in business interruption losses due to damage to nursing home facility in the wake of Hurricane Katrina (2005).

Farmers Insurance Exchange v. Hudson

Court reduces an expert’s “lifetime” award of lost profits to the three-month termination/notice provisions under the employment contract.

Biz Interruption Losses: Provide Proof Within Time of Reasonable Repairs

Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.

Buffman, Inc. v. Lafayette Insurance Co.

Federal court confirms jury award of over $560,000 in business interruption losses due to damage to nursing home facility in the wake of Hurricane Katrina (2005).

A ‘Facts too Good to be True’ Family Ltd. Partnership Case?

Tax Court finds excellent facts regarding formation and legitimate, non-tax purpose of a family limited partnership, sufficient to value its interests at a stipulated discount for purposes of estate tax.

Catlin Syndicate Ltd. v. Imperial Palace of Mississippi

5th Circuit finds that only historical sales figures should factor into business-interruption lost profits claims, and not an entity’s experience following the disaster.

B.S.S.B. Inc. v. Owners Insurance Co.

Insured must provide reasonably certain proof of business interruption losses (lost profits) within time it could have made reasonable repairs.

Estate of Black v. Commissioner

Tax Court finds excellent facts regarding formation and legitimate, non-tax purpose of a family limited partnership, sufficient to value its interests at a stipulated discount for purposes of estate tax.

Neutgens v Westfield Group

Income-loss benefits under the Minnesota No-Fault Automobile Insurance Act include compensation for the salary loss of an employee who is the sole shareholder of the employing corporation and are not contingent on proof that the employee’s injuries res ...

Court accepts discounted dividend method; 40% discount for lack of marketability

At issue is the value of petitioner's closely held stock in Crossroads Company, a reinsurance company domiciled in the Cayman Islands, that he gifted to his children on January 1, 1992, and ...

Dockery v. Commissioner

Issue is the value of petitioner's closely held stock in Crossroads Company, a reinsurance company domiciled in the Cayman Islands, that he gifted to his children.

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