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.
The Cayuga Indian Nation of New York v. George E. Pataki
At issue are the valuation of property and the admissibility of expert testimony.
Allapattah Services, Inc. v. Exxon Corp.
This case involves numerous motions to exclude expert testimony on damages and related matters under the Daubert standard.
In re Brand Name Prescription Drugs Antitrust Litigation
Suit against manufacturers and wholesalers of brand-name prescription drugs charging conspiracy to deny discounts to the pharmacies. Admissibility of experts at issue.
Speakers discuss landmark cases, market approach and discounts
This report concludes our coverage of the Nov. 15-17 AICPA Business Valuation Conference. For summaries of other presentations and a list of audiotapes available, see BVU December, 1998, pp. 1-4.
Nilssen v. Motorola, Inc. (I)
Issues involve several motions in limine to exclude expert testimony in intellectual property dispute.
Lithuanian Commerce Corp. v. Sara Lee Hosier
This case is an appeal from an order of a magistrate judge denying Sara Lee's motion to exclude expert testimony at trial under Daubert.
Robert Billet Promotions, Inc. v. IMI Cornelius
Robert Billet Promotions intends to offer an accountant, Charles S. Lunden, as a damages expert in support of a breach of contract claim.
Credibility is bottom line in expert testimony.
JJ: What is the daily routine of judges like yourself, and what types of cases are typically heard in family law courts? Judge Welch: Family law court dockets tend to deal with personal crisis issu ...
Robert Billet Promotions, Inc. v. IMI Cornelius, Inc.
The court applied Daubert in evaluating the admissibility of expert's damages testimony.
Institute of Business Appraisers 20th anniversary conference open with IRS attorney; closes with estate planning attorney
n LITIGATING ISSUES IN THE FAMILY LIMITED PARTNERSHIP ARENA Melanie Urban, Esq. Internal Revenue Service Houston, TX Ms. Urban opened with a declaration that there are two things that the IR ...
Carmichael v. Samyang Tire, Inc.
At issue is the admittance of expert testimony.