Insignia Systems, Inc. v. News America Marketing In-Store, Inc.
Federal district court denies Daubert challenge to plaintiff’s lost profits expert, finding his reliance on optimistic management projections and comparable companies were better suited for cross-examination rather than exclusion.
Alamar Ranch, LLC v. County of Boise
Federal Court confirms that the Butler-Pinkerton Calculator passes the Daubert standard.
In re Capmark Financial Group
Bankruptcy court confirms reorganization plan based in large part on “put option” approach to valuing corporate insider guaranties.
Metro Tech Corp. v. TUV Rheinland of N.A.
Court limits damages to breach of contract to those that can be ascertained with reasonable certainty, and qualifies first-time lost profits plaintiff’s expert to testify re: same.
Mississippi High Court Rejects Earnings Capacity Approach
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Rebelwood Apts. RP, LP v. English
State high court says loss of future earnings calculation does not determine value of injured or dead person, but the sum that replaces the money the victim would have earned; court rejects earnings capacity approach and mandates use of actual income.
Lyondell Chem. Co. v. Occidental Chem. Corp.
In hazardous waste litigation, appeals court says expert’s Monte Carlo-based analysis to allocate cleanup costs met Daubert requirements; method is reliable in general and EPA endorsed Monte Carlo as tool for environmental risk assessment, court says.
Damages Experts Lose the Daubert Battle in Deposition
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Lock Realty Corp. v. U.S. Health, LP
An otherwise qualified valuation expert loses Daubert challenge for failing to consider all three valuation approaches in assessing healthcare industry lease.
Compania Embotelladora del Pacifico, S.A. v. Pepsi Cola Co.
Court excludes plaintiff’s financial and marketing experts at trial for failing to support lost profits damages evidence with reliable market sales data.
Cooper Tire & Rubber Co. v. Farese
Expert challenged under Daubert for market cap approach to valuing public company stock in economic damages case.
Are Damages Opinions Based ‘Almost Exclusively’ on Management Opinions Too Unreliable?
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Willis v. TRC Companies, Inc.
CEO with 30 years in business (but no BV credentials) survives Daubert challenge.
Taylor, Bean & Whitaker Mortgage Corp. v. GMAC
Court considers motion to exclude expert report for failing to disclose data provider as separate “expert.”
Baldwin v. Bader (II)
U.S. Court in Maine excludes expert testimony because, despite his extensive experience and effort, he did not have specific experience valuing personal guarantees.
U.S. Salt, Inc. v. Broken Arrow, Inc.
Lost profits calculations, based exclusively on management projections, called into question by U.S. District Court.
Court Questions Expert’s Objectivity, Methodology in Reasonable Royalty Valuation
Expert's methodology, credentials, called into question in reasonable royalty valuation.
New Federal Case a ‘Must Read’ for Lost Profits/Lost Business Analysis
Two appraisers testify to lost profits and lost business analysis, defend against Daubert attack. Court examines search for comparables.
Baldwin v. Bader (I)
Critical errors, shaky methodology, are key to expert's undo in valuing corporate guaranties.
Michael Bowling v. Hasbro, Inc.
Expert's methodology, credentials, called into question in reasonable royalty valuation.
Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc.
Two appraisers testify to lost profits and lost business analysis, defend against Daubert attack. Court examines search for comparables.
KSP Investments, Inc. v. United States
IRS expert defends Daubert attack by focusing on key elements of market approach, "misapplication" of data.
Guang Dong v. ACI International, Inc.
In the absence of actual data, expert relies on emails and depositions to arrive at lost profits value.