U.S. Appellate Court Affirms Witness’s Exclusion—Cites New Rule 702 but Follows Abrogated Precedent Instead
The district court in this case excluded the testimony of the plaintiffs’ medical expert witness in this medical malpractice case, citing Rule 702, resulting in a summary judgment against the plaintiffs. The plaintiffs appealed, but the circuit court affirmed the district court, citing Rule 702 in affirming the exclusion of the plaintiffs’ witness. Even though the 2023 amended Rule 702 was cited, the circuit court reverted back to the pre-amended Rule 702 to bolster its exclusion of the witness.
Rodriguez v. Hosp. San Cristobal, Inc.
The district court in this case excluded the testimony of the plaintiffs’ medical expert witness in this medical malpractice case, citing Rule 702, resulting in a summary judgment against the plaintiffs. The plaintiffs appealed, but the circuit court affirmed the district court, citing Rule 702 in affirming the exclusion of the plaintiffs’ witness. Even though the 2023 amended Rule 702 was cited, the circuit court reverted back to the pre-amended Rule 702 to bolster its exclusion of the witness.
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 Bankruptcy 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.