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Did Expert Apply the Right Formula for Failure to Register Stock?

Federal district court finds that plaintiff’s expert correctly applied formula (under applicable Delaware law) for the measure of damages when a defendant has breached a contract to register stock.

Stuckey v. Online Resources Corp. (II)

Court denies Daubert motion against plaintiffs’ expert, finding he applied the correct formula for calculating breach of contract damages for failing to register stock under Delaware law.

Should Court Consider Tax Burden of Awarding Business to the Owner?

Should Court Consider Tax Burden of Awarding Business to the Owner?

Goodwill Value of Closely Held Company Assumes a Noncompete

North Carolina Court of Appeals affirms $30,000 goodwill value for closely held IT firm based on a multiple of earnings approach and assumption of a non-compete in a willing buyer/willing seller transaction.

Stuckey v. Online Resources Corp. (I)

Federal district court finds that plaintiff’s expert correctly applied formula (under applicable Delaware law) for the measure of damages when a defendant has breached a contract to register stock.

Swaney v. Swaney

North Carolina Court of Appeals affirms $30,000 goodwill value for closely held IT firm based on a multiple of earnings approach and assumption of a non-compete in a willing buyer/willing seller transaction.

In re Marriage of Rodenback

Appellate court disavows day-of-trial valuation by expert that used the husband’s “off the cuff” forecasts, preferring value based on historical earnings, without consideration of the tax burden the husband would have to bear in making the equalization pa ...

Lost Customer Account: Must Damages Account for Lost Profits, Not Lost Value?

Court upholds $1.6 million damages award for value of lost customer accounts, rejecting defendants’ argument that, according to applicable law, the proper and exclusive measure of damages is lost future profits.

Lost Customer Account: Must Damages Account for Lost Profits, Not Lost Value?

Court upholds $1.6 million damages award for value of lost customer accounts, rejecting defendants’ argument that, according to applicable law, the proper and exclusive measure of damages is lost future profits.

Netquote v. Byrd (II)

Court upholds $1.6 million damages award for lost value of lost customer accounts, rejecting defendants’ argument that according to applicable law, the proper and exclusive measure of damages is lost future profits.

Netquote v. Byrd (I)

Court qualifies plaintiff’s expert under Daubert to testify regarding lost value of customer accounts based on review of the accounts, a prior valuation report, and a revenue multiplier derived from existing accounts.

In re Marriage of: Jerry J. Garceau v. Brenda S. Garceau

The Wisconsin Court of Appeals reversed the lower court's holding that an insurance agents extended earnings benefit, a type of pension plan, should be excluded from the marital estate because its value could not be calculated with certainty. The appella ...

Insurance Agent’s Extended Earnings Benefits Is Marital Property

The Wisconsin Court of Appeals reversed the lower court's holding that an insurance agents extended earnings benefit, a type of pension plan, should be excluded from the marital estate because its value could not be calculated with certainty. The appella ...

Goodwill May Be Included in the Value of a Professional Practice When It Is Valued to Avoid Dissolution

The Nebraska Supreme Court reversed the Court of Appeals and held that the goodwill of a professional practice may be included as an asset when valuing a professional practice for the purposes of a judicial buyout to avoid dissolution of the practice.

Unopposed But Incomplete Evidence of Value Is Not Enough to Support Verdict

The issue in this damages case arose out of the breach of an agreement between Athle-Tec (plaintiff) and Montage (defendant) relating to the development, ownership, and licensing of computer software.

Montage v. Athle-Tech (II)

IN THE SECOND DISTRICT COURT OF APPEAL, LAKELAND, FLORIDA December 15, 2004 MONTAGE GROUP, LTD., and ) DIGITAL EDITING SERVICES, INC., ) ) Appellants/Cross-Appellees, ) ) v. ) Case No. 2D03-2026 ) ATHLE-TECH COMPUTER SYSTEMS, ) INC., ) ) Appellee/Cross-Appellant. ) ) On this court's own motion, the opinion dated October 13, 2004, is with- drawn and the following revised opinion is substituted therefor. The revisions consist of (1) a correction of the name ...

Full Appraisal of Business Is Required in Business Destruction Case

The Florida Court of Appeal, Second District reversed a $2.9 million damage award for business destruction in this breach of contract action involving a sports film editing company. The appellate court noted that while Athle-Tech retained a financial expe ...

Montage v. Athle-Tech (I)

The issue in this damages case arose out of the breach of an agreement between Athle-Tec (plaintiff) and Montage (defendant) relating to the development, ownership, and licensing of computer software.

Admission of Expert Testimony Considered

In Dresser-Rand Company v. Virtual Auto­mation, Inc., etc., et al., No. 02-20834 (5th Cir. Feb. 23, 2004), the U.S. Court of Appeals for the 5th Circuit considered whether the lower court erred in admitting expert testimony calculating the amount of damages in this fraud case.

John Snavely v. Gary Smith

The California Court of Appeal affirmed a trial court’s grant of summary judgment in this breach of contract action.

Maureen A. Berthelot v. Michael J. Berthelot

The Ohio Court of Appeals, Ninth District remanded the issue of valuing the husband’s income inclusive of vested, but unexercised stock options. At trial, the wife argued that the increase in value of the unvested options should be included in the child ...

Annual Increase in Value of Stock Options Included in Income for Child Support Purposes

The Ohio Court of Appeals, 9th District, remanded the issue of valuing the husband’s income inclusive of vested, but unexercised stock options.

Choosing One Expert's Valuation Over Another Not Abuse of Discretion by Trial Court

In this marital dissolution, the husband challenged the classification, value, and distribution of assets. Two of the issues on appeal were (1) whether 538 shares of MicroAssist stock ...

Strenk v. Strenk

In this marital dissolution, the husband challenged the classification, value, and distribution of assets, including a 35 percent stock interest.

Excess earnings method acceptable

Husband contends that the trial court erred in valuing TAM Corp., in which he is a majority owner.

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