Recent cases digested at BVLaw


These are a sampling of precedent-setting cases added to the BVLaw database in recent weeks.  The decisions in each of these cases were determined on principals of financial analysis.

Vanzant v. Vanzant, 2011WL3558151 (Fla. App. 1 Dist.)(Aug. 15, 2011)

Appellate court reverses trial court’s valuation of the parties’ liquor business, finding that it apparently “split the difference” between the parties’ valuations without sufficient evidence in the record to support this median value.

Experts: unnamed

Judge:  Thomas, Wetherell, and Swanson

State/Jurisdiction:   Florida

Court: Court of Appeals

Type of case:  marital dissolution

SIC code and industry: 5921 Liquor Stores

In re Marriage of Erpelding. 2011 WL 3480978 (Iowa App.)(Aug. 10, 2011)

Appellate court confirms trial court’s discounting of hog confinement facilities based on testimony of industry expert regarding “troubled” state of the industry; and further, it appropriately excluded considerations of tax consequences.

Experts: unnamed

Judge:  Miller

State/Jurisdiction: Iowa

Court: Court of Appeals

Type of case:  marital dissolution

SIC code and industry: 0213 Hogs

Pandora Jewelers 1995, Inc. v. Pandora Jewelry, Inc., 2011 WL 2295269 (S. D. Fla.)(June  8, 2011)

Federal district court admits expert’s trademark infringement damages under Daubert, finding the he could assume liability and use defendant’s profits without apportionment to the alleged infringement, but denied his calculations based on corrective advertising for lack of specificity.

Experts: Kristopher Swanson

Judge:  Cooke

State/Jurisdiction: federal, Florida

Court: U.S. District Court

Type of case:  IP

SIC code and industry: 5944 Jewelry Stores

Synqor, Inc. v. Artesyn Technologies, Inc., 2011 WL 3624998 (E.D. Tex.)(Aug. 17, 2011)(Synqor I)

Federal court found sufficient evidence to support $95 million lost profits and reasonable royalty award for patent infringement based on expert’s careful benchmarking and Georgia-Pacific analysis.

Experts: Brett Reed

Judge:  Ward

State/Jurisdiction: federal

Court: U.S. District Court

Type of case:  IP

SIC code and industry: 3612 Power, Distribution, and Specialty Transformers

Synqor Inc. v. Artesyn Technologies, Inc., 2011 WL 3625036 (E.D. Tex.)(Aug. 17, 2011)(Synqor II)

Federal court denies motion for new trial in patent infringement case, finding among other evidentiary and legal rulings that the plaintiffs did not improperly apply the entire market value rule.

Experts: Brett Reed

Judge:  Ward

State/Jurisdiction: federal /Texas

Court: U.S. District Court

Type of case:  IP

SIC code and industry: 3612 Power, Distribution, and Specialty Transformers


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