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Under Daubert, Damages Calculation Need Not Replicate Corporate Structure

Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.

Radiologix, Inc. v. Radiology & Nuclear Medicine, LLC

Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.

Expert’s FMV Analysis Aligns With Applicable Healthcare Law

In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.

Expert’s FMV Analysis Aligns With Applicable Healthcare Law

In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.

United States ex rel. Lutz v. Berkeley Heartlab, Inc.

In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.

Usurped Opportunity Case Justifies Use of Defendant’s Profits

Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”

St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP

Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”

Patent Damages for ‘Lost Opportunity Value’ Pass Daubert

Court admits expert’s “lost opportunity value analysis” for calculating damages, finding that Georgia-Pacific reasonably royalty damages and lost profits are not exclusive remedies in patent infringement cases.

Valuing Damages for Breach of Oral Contract Poses Problems

Federal district court limits expert calculation of damages for breach of oral contract to the terms of the alleged agreement and bars testimony based on any written offers or industry practice.

Kia v. Imaging Sciences International

Federal district court limits expert calculation of damages for breach of oral contract to the terms of the alleged agreement and bars testimony based on any written offers or industry practice.

Divorce Court Accepts Double-Dipping Argument From BV Analyst

Expert successfully uses “double-dipping” argument to persuade court to adopt reasonable compensation figure for determining maintenance.

In re Marriage of Porter

Expert successfully uses “double-dipping” argument to persuade court to adopt reasonable compensation figure for determining maintenance.

Must-Read Opinion From Chancery Court on Tax Affecting, DCF Discounts, and More

“Must-read” opinion from Delaware Chancery Court on tax affecting, DCF discounts, and more.

Delaware Open MRI Radiology Associates, P.A. v. Kessler, et al.

“Must-read” opinion from Delaware Chancery Court on tax affecting, DCF discounts, and more ...

Cheryl Pete Grigsby v. Frederick J. Grigsby, Jr.

The Minnesota Court of Appeals affirmed a lower court’s characterization of an employment-separation agreement executed one month following the divorce trial as marital property. It found that the agreement’s release of liability released claims that aros ...

Proceeds of Employment-Separation Agreement Are Marital Property

The Minnesota Court of Appeals affirmed a lower court’s characterization of an employment-separation agreement executed one month following the divorce trial as marital property. It found that the agreement’s release of liability released claims that aros ...

South Tulsa Laboratory, Inc. v. CIR

The Tax Court determined that the clinical business South Tulsa spun-off was not eligible for nontax treatment under IRC sec. 355 because on the same day the spin off occurred the new business was sold. The Tax Court found that the spin off violated a qua ...

Actual Sale Is the Best Evidence of FMV

The Tax Court determined that the clinical business South Tulsa spinoff was not eligible for nontax treatment under IRC sec. 355 because, on the same day the spinoff occurred, the new business was sold.

Southern Colorado MRI, Ltd. v. Med-Alliance, Inc.

The U.S Court of Appeals for the 10th Circuit reversed the lower court's calculation of damages stemming from a breach of contract to purchase a MRI clinic.

Taylor v. Taylor

One issue in this case was the valuation of a medical laboratory.

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