Chattree v. Chattree
Court admits expert’s testimony despite his failure to appear for scheduled deposition where husband’s refusal to provide necessary corporate information delayed expert’s completion of the business valuation and says any error in the opinion was “invited”
Marcus v. Quattrocchi
Court says under Daubert a business valuator is qualified to value an investment company dealing in real estate since the company is not a piece of real estate but a business with diverse assets and finds real estate valuation is by nature “imprecise.”
Merger-Related Projections Pass Muster With Delaware Chancery
In statutory appraisal action, Court of Chancery discredits respondent’s comparable company analyses because the comparables were significantly smaller than the target and not in the same industry or had different multiples; as to the DCF analysis, the ta ...
Orthoflex, Inc. v. Thermotek, Inc.
Court strikes rebuttal testimony under Daubert, where expert admitted he lacked an understanding of the damages concepts central to the opposing expert’s calculation, failed to identify a specific method for his conclusions, and included his clients’ tria ...
Court, Not Expert, Misses Mark on Loss Causation
Appellate court finds district court erred in excluding expert testimony on loss causation and damages in non-typical § 10(b) securities fraud case under Rule 702, because proof as to both elements under this scenario is less “complex”; the expert only ha ...
Expert’s Anemic Analysis Imperils Damage Calculation
Appellate court affirms pretrial decision to strike economist expert’s opinion as to business loss under Rule 702; although the trial court erred when it found the expert unqualified to perform a business valuation, it was right to find his calculations ...
Pure Earth, Inc. v. Call
Appellate court finds district court erred in excluding expert testimony on loss causation and damages in non-typical § 10(b) securities fraud case under Rule 702, because proof as to both elements under this scenario is less “complex”; the expert only ha ...
Merion Capital, L.P. v. 3M Cogent, Inc.
In statutory appraisal action, Court of Chancery discredits respondent’s comparable company analyses because the comparables were significantly smaller than the target and not in the same industry or had different multiples; as to the DCF analysis, the ta ...
Wallace v. Kalniz
Appellate court affirms pretrial decision to strike economist expert’s opinion as to business loss under Rule 702; although the trial court erred when it found the expert unqualified to perform a business valuation, it was right to find his calculations ...
Expert’s ‘Judgment’ in Selecting Growth Rate Needs Proof of Guiding Principles
Court declines to reconsider Daubert ruling, finding the expert failed to support his selection of the growth rate in lost profits calculations with reliable, guiding principles.
Lessons From Daubert: Verify Client Projections, Comparables, and Causation
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.
Manpower, Inc. v. Insurance Co. of Pennsylvania (II)
Court declines to reconsider Daubert ruling, finding the expert failed to support his selection of the growth rate in lost profits calculations with reliable, guiding principles.
Victory Records, Inc. v. Virgin Records America, Inc.
Court denies music industry expert under Daubert for failing to verify plaintiff’s internal sales projections; for using only a single comparable; and for failing to consider alternative causes for lost profits.
Willis v. TRC Companies, Inc.
CEO with 30 years in business (but no BV credentials) survives Daubert challenge.
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.
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.
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.
General Electric Co. v. Joiner
Supreme Court holds that appeals court must review trial court’s exclusion of expert testimony pursuant to Daubert under abuse of discretion standard and district court in case did not err in finding testimony irrelevant and unreliable.
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Landmark decision by the U.S. Supreme Court, which ended by promulgating a new “gatekeeping” function for federal judges and developing an evidentiary standard now known by a single name: Daubert.
Landmark Daubert Decision Develops New Standard for Admission of Expert Evidence
Landmark decision by the U.S. Supreme Court, which ended by promulgating a new “gatekeeping” function for federal judges and developing an evidentiary standard now known by a single name: Daubert.