Patent Infringement Case Provides Judge With a Plethora of Daubert Challenges to Rule on
In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.
Shire ViroPharma Inc. v. CSL Behring LLC
In this patent infringement case, the court ruled on a plethora of Daubert/Rule 702 challenges. The opinion provides an exhaustive list of Daubert-related issues that the court ruled on and provides a good tutorial on the real purposes of Daubert.
Benefit of the Bargain Economic Damages
With good reason, experts in economic damages focus on lost profit calculations in determining breach of contract claims and other litigation. Determining benefit of the bargain is encountered less often but is an important skill for valuation experts to know for litigation. Join Michael Pakter to learn the essential elements of determining benefit of the bargain damages.
Seven Techniques to Consider When Calculating Damages for Early-Stage Companies
Measuring lost profits damages for new or early-stage businesses can be a daunting task. Traditional damage analyses that rely on historical results are often meaningless since, by definition, startup companies usually lack a track record of operating results. Without an historical operating history for measuring lost profits, the damages expert walks a thin line between speculation and a reasoned analysis. Under most circumstances, to be admissible evidence, damage analyses require relevant and reliable factual bases. These legal and evidentiary requirements are often heightened when measuring damages for new businesses.
Federal Circuit explains concept of ‘built-in’ apportionment
The Federal Circuit, in ruling on a patent infringement case involving two major pharmaceutical companies, recently clarified the apportionment requirement.
Whitesell Corp. v. Electrolux Home Prods.
In this Rule 26 discovery case, court says sanctions are inappropriate where the defendant had no duty to disclose its expert’s “intermediary” working paper; however, sanctions are appropriate related to the expert’s miscalculations; court finds expert testimony is admissible under Daubert.
Expert’s Damages Testimony Prompts Motion for Sanctions and Motion to Exclude Under Daubert
In this Rule 26 discovery case, court says sanctions are inappropriate where the defendant had no duty to disclose its expert’s “intermediary” working paper; however, sanctions are appropriate related to the expert’s miscalculations; court finds expert testimony is admissible under Daubert.
BVU News and Trends February 2021
A monthly roundup of key developments of interest to business valuation experts.
Court Grants Insurance Company’s Motion to Dismiss Plaintiff’s Complaint That It Suffered Covered Loss of Income Due to COVID-19 Restrictions
In this business interruption case resulting from mandatory restrictions to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. The plaintiff’s arguments that it suffered physical loss or damage to its properties did not sway the court. Nor did its arguments that the civil authority provisions and virus exclusion in the policy were not applicable to deny its claims.
Equity Planning Corp. v. Westfield Ins. Co.
In this business interruption case resulting from mandatory restrictions to control COVID-19, the court grants a motion to dismiss claims of the plaintiff. The plaintiff’s arguments that it suffered physical loss or damage to its properties did not sway the court. Nor did its arguments that the civil authority provisions and virus exclusion in the policy were not applicable to deny its claims.
Family Tacos, LLC v. Auto Owners Ins. Co.
In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.
Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted
In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants motions of the defendant to dismiss claims of the plaintiff. The plaintiff files claims for coverage under its insurance policy for losses resulting from COVID-19 shutdowns and seeks to establish a class. The court decides that coverage is not provided under the policy because there is no physical loss; the civil authority provision is likewise not effective, and there is a virus exception that is applicable to the case at hand.
Innovation Ventures, L.L.C. v. Custom Nutrition Labs., L.L.C.
This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness on the basis of Daubert and the Federal Rules of Evidence. The plaintiff’s expert offered testimony on how to calculate lost profits based on the plaintiff’s market share. The defendant’s expert offered testimony as to weaknesses in the plaintiff’s calculations and opinions on damages. The court denied both of these cross-motions.
The District Court Refuses to Throw Out Experts Under Daubert Motions, Citing Differences in Admissibility and Scrutiny Under Cross-Examination
This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness on the basis of Daubert and the Federal Rules of Evidence. The plaintiff’s expert offered testimony on how to calculate lost profits based on the plaintiff’s market share. The defendant’s expert offered testimony as to weaknesses in the plaintiff’s calculations and opinions on damages. The court denied both of these cross-motions.
The Top Valuation and Damages Cases of 2020
Our pick of valuation-related court cases includes state and federal court decisions covering many areas of law that dealt with novel issues of law or, in some way, enhanced our understanding of valuation and damages issues as they arose in a litigation setting.
Revised resource for IP valuation insights and case law
New chapters and over 200 case digests—plus online access to the full text opinions—are available in BVR’s Intellectual Property Valuation Case Law Compendium, 4th edition.
2020 Top Business Valuation and Damages Cases
Complicated as the year 2020 was, it was not boring. The past year offered a wealth of lawsuits dealing with business valuation and economic damages issues. The list below shows our Top 10.
Journal of Business Valuation 2020 Edition
From the CBV Institute ...
BVU News and Trends December 2020
A monthly roundup of key developments of interest to business valuation experts.
Prepare now for future business interruption claims due to COVID-19
Now is the time to educate yourself on how to calculate damages from business interruption due to COVID-19, advised Kerrie Merrifield (Axiom Forensics) at the recent NACVA and the CTI’s 2020 Financial Valuation Virtual Conference.
New edition of landmark damages guide now available
The 6th edition of the Comprehensive Guide to Economic Damages has just been released.
High Court orders London Court of International Arbitration to correct damages calculation error
A Russian supply-chain business owner was awarded US$58 million in damages—until the English High Court and judge Sir Ross Cranston reviewed the maths.
Company or Damage Valuation in a Mediation Context
The number of online mediations has soared due to the pandemic. This article outlines the standard phases of a valuator-assisted mediation and the concept of the best alternative to a negotiated agreement (BATNA) and includes some real-world case studies.
AFM Mattress Co. v. Motorists Commercial Mutual Insurance Company
In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of plaintiff. While plaintiff claims losses due to COVID-19, it does not sufficiently move the court to consider the virus exclusion of the policy inapplicable. A motion for a sur-response to espouse an alternative theory was also denied but without prejudice.
In COVID-19 Business Interruption Case, Court Finds Plaintiffs Did Not Argue Physical Loss and Virus Exemption Applies
In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss claims of plaintiff. While plaintiff claims losses due to COVID-19, it does not sufficiently move the court to consider the virus exclusion of the policy inapplicable. A motion for a sur-response to espouse an alternative theory was also denied but without prejudice.