Reedy-Huffman v. Huffman
State high court affirms trial court’s determination that husband’s naturopathic practice had zero goodwill value based solely on husband’s testimony that a similar practice in the area failed to attract a buyer despite being on the market for a year.
Am. Aerial Servs. v. Terex United States
Court strikes parts of lost profits opinion, finding expert adopted plaintiff’s causation theory, “pinning the company’s overall financial performance” on defendants’ allegedly defective crane without offering supporting data or methodology to test theory ...
Delaware Chancery Orders Disclosure of Nonexpert Internal Valuations
In discovery dispute over prelitigation valuation-related information, Chancery orders dissenting shareholders to disclose internal assessments of stock value finding information likely is admissible reflecting “real-world” opinion of “astute” investors.
Advanced Drainage Sys. v. Quality Culvert, Inc.
In Daubert case, court accepts before and after method for lost profits and diminution of value calculation but excludes parts of expert testimony because they merely restated company assumptions and conclusions without undergoing testing from the expert.
Ross v. Rothstein
Court affirms magistrate judge’s decision to exclude expert’s ultimate conclusions but to admit his factual statements; under Rule 702, he had the specialized knowledge to provide background information helpful to court’s understanding of the evidence.
What Rationale for Net Book Value in Damages Analysis?
Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”
In re Dole Food Co. (Dole I)
In discovery dispute over prelitigation valuation-related information, Chancery orders dissenting shareholders to disclose internal assessments of stock value finding information likely is admissible reflecting “real-world” opinion of “astute” investors.
Lane v. Lampkin (I)
Appeals court finds trial court did not err when it incorporated net book value calculation in its lost profits analysis in a case claiming breach of fiduciary duty and usurpation of business opportunity; dissent says damages calculation is “illogical.”
‘Undue’ Scrutiny of Expert’s Data Triggers Erroneous Exclusion
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Manpower, Inc. v. Insurance Co. of Pennsylvania (III)
Seventh Circuit overturns district court’s decision to exclude plaintiff expert’s business loss calculation, finding the lower court “exercised its role as gatekeeper under Daubert with too much vigor” when it “unduly” scrutinized the quality of the exper ...
Uniloc v. Microsoft Special Report: Lessons Outside of the Courtroom
In a U.S. Federal Court of Appeals decision issued on January 4 in the case of Uniloc USA, Inc. v. Microsoft Corporation (Uniloc), the Federal Circuit Court of Appeals ruled that a damage expert’s reliance of the “25% rule of thumb” in determining a reasonable royalty rate was inadmissible under Federal Rules of Evidence.
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