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.
Holes in Economic Damages Model Preclude Admission under FRE 702
Economic damages models fail for faulty assumptions based on unverified sales forecasts and growth expectations for distributor of surgical instruments.
Fisherman Surgical Instruments, LLC v. Tri-Anim Health Services, Inc.
Economic damages models fail for faulty assumptions based on unverified sales forecasts and growth expectations for distributor of surgical instruments.
In re Greater Southeast Community Hospital Corp. (I)
BV expert challenged under Daubert for reliance on third-party appraisals.
Business Valuation Cases in Brief
A review of cases that present issues of interest within the business valuation community.
Expert’s Yardstick Method Excluded Under Daubert for Failing to Perform a Market Analysis in Connection With the Damage Computation
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Robert J. Pound v. Airosol Company, Inc.
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana ...
Trial Court Excludes Expert Testimony as Unreliable Under Daubert and Kumho
The issue in this litigation between two can manufacturers was the plaintiff's motion in limine to exclude the expert testimony of the defendant's CFO, John McGowan , as to damages for lost ...
CEO’s Complex Damage Model Excluded Under Fed. R. Evid. 701 and 702
The U.S. Court of Appeals for the 10th Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
LifeWise Master Funding, et al. v. Telebank
The U.S. Court of Appeals for the Tenth Circuit affirmed a district court’s decision excluding a lost profits estimate, computed using a regression analysis, under Fed. R. Evid. 702.
Brennan's Inc. v. Dickie Brennan & Company, Inc.
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Lost Profits Measured in Breach of Contract Action Involving Restaurants
The U.S. Court of Appeals for the 5th Circuit considered the admissibility of a financial expert and a damage award based on that expert’s testimony in this breach of contract matter involving restaurants having similar names.
Expert Challenged Under Old Frye Rule Rather Than Daubert
David Kline was the station manager of Reading Radio Inc., t/d/b/a WAGO Radio.