New legal cases added to BVLaw this month


Here's a sampling of some recent cases where the courts have evaluated the testimony of financial experts to arrive at their final conclusions.   As always, BVLaw Alerts' digests, and the court documents, are available at BVLaw.

 IQ Holdings, Inc. v. Am. Commercial Lines Inc., Case No. 6369-VCL (August 30, 2012)

 Delaware Chancery Court declines to establish a valuation preference for “normalized” discounted cash flow analysis.

 Experts: David Fuller (petitioner); Melissa Kibler Koll (respondent)

Judge:  Laster

State/Jurisdiction: DE

Court: Court of Chancery

Type of case:  dissenting shareholder

SIC code: 4449 Water Transportation of Freight, Not Elsewhere Classified

In re Certified HR Service Co., 2012 U.S. Dist. LEXIS 136956 (Sept. 25, 2012)

Federal district court affirms bankruptcy court’s avoidance of the debtor’s $17.5 million purchase of failing company, based in large part on evidence by trustee’s expert that the debtor was insolvent at the time and the target company was worthless.

Experts: Lawrence D. Morriss Jr. (trustee)

Judge:  Marra

State/Jurisdiction: Florida/federal

Court: U.S. District Court

Type of case:  bankruptcy

 SIC code: 8721 Accounting, Auditing, and Bookkeeping Services

In re Certified HR Service Co., Case No. 05-22912-BKC-RBR (Bankr. S.D. Fla.)(Sept. 29, 2011)

Bankruptcy court permits trustee to avoid the debtor’s $17.5 million purchase of failing company, based in large part on evidence by trustee’s expert that the debtor was insolvent at the time and the target company was worthless

Experts: Lawrence Morriss Jr. (trustee)

Judge:  Ray

State/Jurisdiction:   Florida/federal

Court: U.S. Bankruptcy Court

Type of case:  bankruptcy

SIC code: 8721 Accounting, Auditing, and Bookkeeping Services

Carnegie Mellon University v. Marvell Technology Group, 2012 U.S. Dist. LEXIS 120560 (W.D. Pa. Aug. 24, 2012)

District court rejects defendants’ Daubert challenge finding plaintiff’s expert’s reference to total revenue was legitimate starting point of apportionment analysis and did not amount to use of Entire Market Value Rule.

Experts:  Catherine M. Lawton (plaintiff); Creighton Hoffman (defendants)

Judge:        Fischer

State/Jurisdiction: Federal/Pennsylvania

Court: United States District Court

Type of case: Intellectual Property

SIC code: 3674 Semiconductors and Related Devices

Carnegie Mellon University v. Marvell Technology Group, 2012 U.S. Dist. LEXIS 120560 (W.D. Pa. Aug. 24, 2012)

District court rejects plaintiff’s Daubert challenge finding defendants’ expert may “inaugurate” reasonable royalty analysis by referring to plaintiff’s existing licenses; however, licenses did not demonstrate an established royalty considering their lack of uniformity and small number.

Experts: Catherine M. Lawton (plaintiff); Creighton Hoffman (defendants)

Judge: Fischer

State/Jurisdiction: Federal/Pennsylvania

Court: United States District Court

Type of case: Intellectual Property

SIC code: 3674 Semiconductors and Related Devices

Carnegie Mellon University v. Marvell Technology Group, 2012 U.S. Dist. LEXIS 158718 (W.D. Pa. Nov. 6, 2012)

District court denies defendants’ pretrial motion claiming expert failed to consider non-infringing alternatives in her apportionment analysis and affirms Daubert ruling in favor of plaintiff.

Experts: Catherine M. Lawton (plaintiff); Creighton Hoffman (defendants)

Judge:  Fischer

State/Jurisdiction:  Federal/Pennsylvania

Court: United States District Court

Type of case:  Intellectual Property

SIC code: 3674 Semiconductors and Related Devices

Giaimo v. Vitale, 2012 N.Y. App. Div. LEXIS 8706 (Dec. 20, 2012)(slip op.)

In dissenting shareholder case, appellate court affirms application of DLOM to statutory fair value of real estate holding companies, as well as present-value discount for taxes on built-in gains (BIG).

Experts: Z. Christopher Mercer (petitioner); Joan Lipton and Jeffery Baliban (respondent)

Judge:  Panel

State/Jurisdiction:  New York

Court: Supreme Court of New York, Appellate Division, First Department

Type of case:  Dissenting Shareholder

SIC code: 6513 Operators of Apartment Buildings

Colclasure v. Colclasure, 2012 Okla. LEXIS 106 (Nov. 20, 2012)

State Supreme Court finds trial court erred in valuing husband’s business interest based on buy-out agreement the parties ignored; on remand, valuation must meet statutory requirement of a fair and just division.

Experts: Kenneth W. Klingenberg (wife); Ralph E. Blodgett (husband)

Judge:  Kauger

State/Jurisdiction:  Oklahoma

Court: Supreme Court

Type of case:  Marital Dissolution

SIC code: 2426 Hardwood Dimension and Flooring Mills

 


Categories