Expert’s critique of opposing valuation gets excluded
In a Tennessee damages case, the defense engaged a valuation expert to do two things: (1) critique the valuation report of the opposing side; and (2) offer his own estimate of damages.
Rieves v. Town of Smyrna
The plaintiffs’ business was allegedly damaged by the actions of the defendant. The plaintiffs engaged an expert in economic damages and lost profits. The defendants engaged their own expert to provide his opinions as to why he believed the plaintiffs’ expert’s opinions were unreliable. The court ultimately excluded this portion of the defendants’ expert’s testimony. The defendants’ expert’s calculation of damages, however, was a matter for cross-examination and will be allowed.
U.S. District Court Excludes Expert’s Testimony on Critique of Plaintiffs’ Damages but Allows Same Expert Testimony on His Damages Calculation
The plaintiffs’ business was allegedly damaged by the actions of the defendant. The plaintiffs engaged an expert in economic damages and lost profits. The defendants engaged their own expert to provide his opinions as to why he believed the plaintiffs’ expert’s opinions were unreliable. The court ultimately excluded this portion of the defendants’ expert’s testimony. The defendants’ expert’s calculation of damages, however, was a matter for cross-examination and will be allowed.
City of Fort Collins v. Open Int’l, LLC
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
U.S. District Court (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses
In a breach of contract suit concerning failure of vendor to deliver software, the court considered and ruled on motions to exclude certain expert witnesses. The court denied most motions while granting some motions in part.
So You Want to Testify as a Financial Expert Witness? Testimony Tips, Traps and Video Demonstrations From the Trenches
Learn how to testify in bench and jury trials and depositions from a seasoned forensic CPA who has testified in the trenches for 27 years. See video clips from an actual testimony by Robert Vance and from popular TV shows and movies (which are mostly very humorous) to learn how to answer questions and keep your cool. Receive tips on how to construct your litigation-oriented curriculum vitae and engagement letter. Get prepared for subpoenas, Daubert ...
Lawyer-expert panel demystifies cross-examination
How to excel as a testifying expert was a question that several panels at this year’s AICPA FVS Conference in Las Vegas addressed.
In memory of Tax Court Judge David Laro
BVR is very sad to note that the eminent David Laro, a senior judge of the United States Tax Court, passed away on September 21.
Mock trial highlights ASA’s Advanced BV Conference
All six valuation disciplines were put on the "stand" and cross-examined by an attorney. It demonstrated that even the best valuation report can get skewered in court.
Canadian Ruling on Use of Expert Draft Reports Crumbles on Appeal
Ontario Court of Appeal strikes down prior ruling mandating documentation and disclosure of communication between counsel and expert, noting expert-attorney collaboration is “essential” to ensure careful case preparation and timely delivery of justice.
Moore v. Getahun
Ontario Court of Appeal strikes down prior ruling mandating documentation and disclosure of communication between counsel and expert, noting expert-attorney collaboration is “essential” to ensure careful case preparation and timely delivery of justice.
Expert testimony at its best: how to excel during depositions, cross-examination, and as a forensic practitioner!
How To Excel During Depositions: Techniques for Experts That Work , Steven Babitsky and James J. Mangraviti, Jr. , Seak, Inc., 2001. $59.95, 284 pp., 6" by 9", hardcover. Because so much of expert ...
Guide to report writing
Review by Shannon Pratt Writing And Defending Your Expert Report: The Step-By-Step Guide With Models , Steven Babitsky and James J. Mangraviti, Seak Inc., 2001. Available from Business Valua ...
From experts in valuation in each of nine industry groups to a takeoff on Survivor, AICPA BV Conference offers variety
The 2001 AICPA Business Valuation Conference held at the Venetian in Las Vegas December 2-4 was attended by 840 people (by the way, the Venetian served the best conference food that I've ever experienced).
Checklists useful tools for lawyers to review reports
Every lawyer dealing with business valuations should have at least one checklist available at his or her fingertips in order to assess the adequacy of a business valuation report. This is true for eva ...
Seven "knockout punch" questions for cross examining appraisal experts
Cross-examination of an expert is all out war, when, if done right, the lawyer becomes the star and the expert a facilitator. Just because this battle takes place in an office or courtroom where loud ...
Succedding as an Expert Witness: Increasing Your Impact and Income
Tageh Press , Glenwood Springs, CO 81602, (970)945-6887. Softbound, 8" x 5 ½", 358 pages. Available for $39.95 (plus s&h) from Business Valuation Resources, LLC, 7412 S.W. Beaverton-Hillsdale Hw ...
Effective valuation expert testimony
Potential expert witnesses have varying amounts of previous experience and varying levels of ability and fluency. As an attorney selecting a professional valuation expert witness, you, of course, will ...
Inadequate evidence often results in lost and remanded cases
There are few subjects of litigation in which the quality of expert evidence is as important to the result of the case as it is in business valuation. Hundreds of clients disserved I have r ...
Singley v. Singley (I)
The husband in this marital dissolution matter appealed the trial court's valuation of his dental practice, which included a goodwill component.
Goodwill of Dental Practice Is Part of Mississippi Marital Estate
The husband in this marital dissolution matter appealed the trial court's valuation of his dental practice. The Mississippi Court of Appeals upheld the trial court's valuation, which include ...
FACE TO FACE WITH THE BUSINESS VALUATION EXPERT
n FACE TO FACE WITH THE BUSINESS VALUATION EXPERT, Quach, Kimberly A., Esq. Family Advocate , Vol. 21, No. 4, Spring 1999. The basic premise of this article is that cross-examinatio ...