Daubert - The Evolution of a Profession
Mark Shirley CPA, CVA, CFFA . The Valuation Examiner , May/June 2001 This article discusses the impact of Daubert v. Merrell Dow Pharmaceuticals , Kumho Tire v. Carmichael , and FRE 7 ...
Identifying and Excluding Faulty Valuation Report Content and Testimony
George B. Hawkins Fair Value , Summer 2001, Volume X, Number 2 This article discusses challenging the admissibility of valuation expert reports and testimonies. The author lays the groundwo ...
BV online library a valuable resource
A resource that is often overlooked by lawyers in their research and preparation of a case is the BV online library, accessible at BVLibrary.com . The staff at Business Valuation Resources has spent considerable time in recent months expanding the content and improving the look and functionality of BVLibrary.com.
IBA 2001 Conference Members share their wealth of knowledge
The Institute of Business Appraisers held its annual conference in Orlando, Florida May 8-11. The theme of the conference was "Share the Wealth," referring to the more seasoned business appraisal memb ...
BVU legal and court case editor presents update
The Institute of Business Appraisers has invited our own legal and court case editor, Linda L. Kruschke, to present the Court Case Update segment at its National Conference in Orlando in early May. I ...
Two Appraisal Experts, Two Very Different Values
TWO APPRAISAL EXPERTS, TWO VERY DIFFERENT VALUES , Minsker, Martin D. The National Law Journal , Sept. 11, 2000, B12-17. This article examines the court's ability to perform its evidentiary ga ...
Rule 702, Daubert, Kumho Tire Co., and the Development of Marketability Discounts
RULE 702, DAUBERT, KUMHO TIRE CO. AND THE DEVELOPMENT OF MARKETABILITY DISCOUNTS , Mercer, Z. Christopher E-Law Business Valuation Perspective 00-10, Oct. 23, 2000. This article looks a ...
Daubert -- a Judge's View
n DAUBERT – A JUDGE'S VIEW, Hon. Real, Manuel L. The Practical Litigator , May 2000, Volume 11, Number 3 In this article, the author discusses the Daubert case and the ramification ...
Courts have great discretion in timing of Daubert determinations
At the American Bar Association Annual Meeting in New York, N.Y., from July 6-12, 2000, the Section of Litigation sponsored a seminar on business damages after Kumho Tire. This article is an excerpt from the written materials presented for that seminar.
KUMHO TIRE CO. v. CARMICHAEL: BLOWOUT FROM THE OVERINFLATION OF DAUBERT v. MERRELL DOW PHARMACEUTICALS
n KUMHO TIRE CO. v. CARMICHAEL : BLOWOUT FROM THE OVERINFLATION OF DAUBERT v. MERRELL DOW PHARMACEUTICALS, Lewis, Mark and Mark Kitrick. The University of Toledo Law Review , Fall 1999, V ...
Expert opinion testimony in state courts
In the April and May issues, we ran a 2-part Special Report on the application of the Daubert and Kumho cases to the admissibility of expert business appraisers and other financial expert witn ...
State courts consider application of Daubert/Kumho tests to appraisal experts
This is Part 2 of a 2-part article on the trial court's gatekeeping duty under FRE 702. Part 1 reviewed federal cases in which Daubert and Kumho definitely applied. In state courts, however, it is up ...
Federal cases challenge financial experts on basis of Daubert/Kumho tests
Daubert v. Merrell Dow Pharmaceuticals, Inc. , the U.S. Supreme Court defined the trial court's gatekeeping duty under FRE 702 with respect to the admission of expert opinion testimony. In Kumho Ti ...
Multidisciplinary practice: It's not just a Big Five issue
The hot topic at the 1999 ABA Annual Meeting was the recommendation before the House of Delegates to allow multidisciplinary practice (MDP) between attorneys and other professionals.
Kumho broadens gatekeepers' criteria to evaluate experts
The 1993 Daubert decision, 509 U.S. 579 (1993), articulated the duty of the trial court to make a threshold determination of the reliability of expert testimony offered under FRE 702, and set fort ...
Children's Broadcasting Corporation v. The Walt Disney Company, et al. (II)
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Unreasonable Assumptions in Discounted Cash Flow Analysis Result in Testimony Stricken Under Daubert
The U.S. Court of Appeals for the Eighth Circuit affirmed the lower court’s decision to award a new trial on damages in this breach of contract and misappropriation of trade secrets case. Both parties were involved in the radio broadcasting business.
Admissions Tests, Hansen, Mark
ABA Journal , February 2001, Volume 87 According to a study conducted by the Federal Judicial Center, federal judges are more likely to exclude expert testimony in civil trials than they were ...
KW Plastics v. United States Can Co.
At issue is the admittance of expert testimony.
Rivas v. Cantu
At issue is the admittance of expert testimony.
Dissent Disagrees With Implicit Conclusion That Financial Expert
This breach of contract and fraud action arose out of a joint venture to open an adult day care center.
Supreme Court approves amendments to FRE 702 in response to Daubert and Kumho
In December 1999, the Judicial Conference proposed amendments to a number of Federal Rules of Evidence, including FRE 702, and submitted them to the U.S. Supreme Court for approval. Purpose of am ...
Business valuation professional standards provide criteria to evaluate expert reports
As Kumho Tire Co. v. Carmichael advises, the admissibility of expert testimony and evidence may depend upon the existence of "peer review and publication," "standards controlling" ...
Expert testimony: lessons learned from 'Sons' of Daubert
n Expert testimony: lessons learned from 'Sons' of Daubert , Schweihs, Robert P., and Robert F. Reilly Valuation Strategies, January/February 2000, Volume 3, Number 3 In this article, th ...
Union Bank of Switzerland v. Deutche Financial Services
The U.S. District Court for the Southern District of New York determined that insolvency opinions were admissible under Fed. R. Evid. 702, Daubert, and progeny in this breach of contract case.