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Court Accepts Cost Approach to Calculate Value of Lost Business

Court Accepts Cost Approach to Calculate Value of Lost Business

by Royer Advisors | Dec 11, 2024 | Court Rulings

The 5th Circuit Court of Appeals considered how to measure damages for a facility with no real market when it reviewed the district court’s $3.8 million award to the plaintiff related to a destroyed waste treatment plant. The defendants owned and operated a...
Court validates expert’s ‘aggressively skeptical’ disaggregation analysis

Court validates expert’s ‘aggressively skeptical’ disaggregation analysis

by Royer Advisors | Dec 11, 2024 | Court Rulings

In a post-trial bid to upset the outcome in Liberty Media Corp. v. Vivendi Universal, S.A., 2013 U.S. Dist. LEXIS 19485 (Feb. 12, 2013), Vivendi argued that no jury “should have been permitted to base a verdict” on the unreliable loss causation and damages...
Court Discredits Expert’s Use of Going Concern Method for Inactive Business

Court Discredits Expert’s Use of Going Concern Method for Inactive Business

by Royer Advisors | Dec 11, 2024 | Court Rulings

O’Rourke v. Burke and Hotchkiss, PLLC, 2013 N.H. Super. LEXIS 4 (March 6, 2013) Citing an authority on the going concern methodology but failing to apply the prescribed principles was only one of several critical errors an expert made when he assessed damages...
Court Accepts Cost Approach to Calculate Value of Lost Business

Court Credits Expert’s Cash Flow Analysis in Solvency Determination

by Royer Advisors | Dec 11, 2024 | Court Rulings

Samson v. Western Capital Partners LLC (In re Blixseth), 2013 Bankr. LEXIS 1001 (March 28, 2013) “The Trustee … continues the fiction that [the debtor], one of the Forbes’ 400 wealthiest Americans in 2007, was insolvent during that very same year” is...
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Recent Posts

  • U.S. Supreme Court Affirms Inclusion of Corporate-Owned Life Insurance in Value of Company for Estate Tax Purposes
  • Massachusetts Appellate Court Finds Double and Maybe Triple Dipping and Reverses and Remands
  • Iowa Appellate Court Affirms Date of Value and Value of Farming Operation in Shareholder Oppression Suit
  • New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife
  • Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate

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