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Imaging Centers: Developing a Value

Due to recent actions in the health insurance market, as well as continued increasing regulatory initiatives and consolidation and integration in the healthcare delivery system, imaging center transactions continue to be in play. Trends in the healthcare economy are leading to alliances with, and acquisitions of, imaging centers by a variety of suitors. Things have changed. Valuation challenges abound, requiring the professional valuator to be able to demonstrate a strong understanding of the factors of ...

Trustee Claims Bankr. Court Flouted Valuation Rules

District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...

Alberts v. HCA, Inc.

District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...

Daubert Does Not Require Certification for Damages Expert

Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...

Natchez Regional Medical Center v. Quorum Health Resources, LLC

Court affirms that Daubert does not require an expert to be certified in accounting or another specialty, so long as he/she possesses the requisite knowledge and experience; and it admits testimony of hospital turnaround and restructuring expert in case a ...

Bankruptcy Court Exposes ‘Perils’ of DCF Without Good Expert Evidence

In fraudulent conveyance action, court admits errors in its own discounted cash flow valuation of hospital, but denies motion to reconsider, finding the trustee has the burden to present competent expert evidence regarding reasonably equivalent value.

Defendants’ Failure to Offer Damages Expert May Have Cost Millions

Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.

In re Greater Southeast Community Hospital Corp. (III)

In fraudulent conveyance action, court admits errors in its own discounted cash flow valuation of hospital, but denies motion to reconsider, finding the trustee has the burden to present competent expert evidence regarding reasonably equivalent value.

Taheri v. Khadavi

Court affirms over $8 million in lost profits damages due to fraud in sale of medical surgery center, based on plaintiff’s expert evidence and absence of contradicting evidence from defendants.

DCF, Including Tax Affecting and Discounts, May Not Apply to Insolvency Opinions

7th Circuit finds that tax affecting and discounts are inappropriate in an insolvency analysis and that a trustee for securitized assets is an “initial transferee” for purposes of the Bankruptcy’s Code's provisions on preferential transfers.

$2.5 Million in Lost Profits for Medicaid Provider Needs a Better Story, Better Data

Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.

Paloian v. LaSalle Bank

7th Circuit finds that tax affecting and discounts are inappropriate in an insolvency analysis and that a trustee for securitized assets is an “initial transferee” for purposes of the Bankruptcy Codes' provisions on preferential transfers.

Signature Health Center, LLC v. State of New York

Court denies $2.4 million in lost profits to Medicaid provider based on failure of expert damages to examine all the reasons for the plaintiff’s losses, aside from the defendant’s delayed reimbursement.

Expert Solvency Opinions Accused of ‘Hindsight Bias’

Federal district court reviews bankruptcy decision for hindsight bias in determining insolvency, including expert opinions that allegedly used inflated company-specific risk premium, improper tax affecting, and ignored contemporaneous market data.

LaSalle National Bank Association v. Paloian

Federal district court reviews bankruptcy decision for hindsight bias in determining insolvency, including expert opinions that allegedly used inflated company-specific risk premium, improper tax affecting, and ignored contemporaneous market data.

Bankruptcy Court Conducts Extensive Valuation Findings of Hospital in Fraudulent Transfer Case

Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.

In re Greater Southeast Community Hospital Corp. (II)

Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.

Should Solvency Valuation Include Ongoing but Undiscovered Fraud?

Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.

In re Edgewater Medical Center

Bankruptcy court considers whether pervasive Medicare fraud, actual but undetected at valuation date, affects solvency.

Expert Faces Daubert Challenge Based on Article in Firm Newsletter

Analyst challenged in Daubert hearing by an article written for his firm newsletter on the federal evidentiary standards.

BV Appraiser Challenged Under Daubert for Bias and Reliance on Third-Party Reports

BV expert challenged under Daubert for reliance on third-party appraisals.

Ward v Healthsouth Corp

Before the court is HealthSouth Corporation and Diagnostic Health Corporation’s Motion for Judgment as a Matter of Law, New Trial, and/or Remittitur, filed October 26, 2006 (doc. no. 292). Upon review of the parties’ submissions in regard the motion, t ...

In re Greater Southeast Community Hospital Corp. (I)

BV expert challenged under Daubert for reliance on third-party appraisals.

Network Health Services, Inc. v. Georgetown Community, LLC

The U.S. Court of Appeals for the 6th Circuit affirmed the lower court’s grant of summary judgment in this breach of contract action because the plaintiff failed to present evidence of its lost profits or reliance damages.

Half of husband’s interest determined to be personal goodwill

The parties were married in 1976. In the mid-1980s, the husband became associated with the Boozman-Hof Clinic, the Boozman-Hof Surgery Center, and the Genesis Partnership.

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