Category: Accounting Expert Witness
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Accounting Expert Not Allowed to Opine on Transition Period
Robert Webster allegedly owed fiduciary duties, including duties of loyalty and honesty, to his employer, CellMark. He was also subject to contractual obligations restricting him from competing with CellMark or soliciting its customers or employees on behalf of himself or others. According to CellMark, Webster began breaching these duties in 2023 after deciding to leave…
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Accounting Experts’ Testimony on Exclusivity Agreement Limited
CellMark brought several claims against Dinah Bowman, Göran Sohl, andFortex Americas, LLC (collectively the “Fortex Defendants”), as well as Rob Webster arising out of the unamicable end of Webster’s employment at CellMark in 2024. Plaintiff CellMark, Inc. retained an expert, Jay Cunningham, to show that itsuffered various economic damages arising from its claims in this…
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Accounting Expert Was Not Allowed to Opine on Damages to Uninsureds
This case centers on a landslide that occurred in May 2017 in the Cincinnati neighborhood of Mount Adams. At the time of the landslide, Plaintiff Metropolitan Design & Development, LLC (“MDD”) was insured under a commercial liability policy with Defendant Frankenmuth Mutual Insurance Company (“Frankenmuth”). MDD performed construction work in the vicinity of the landslide…
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Plant Pathology Expert Allowed to Opine on HLVd Infection
Plaintiff is a Delaware limited liability business suing multiple individuals and related trusts for securities fraud arising out of a transaction in which Defendants allegedly induced Plaintiff to purchase over $25 million of Devi Holdings stock through fraudulent misrepresentations about Devi’s financial condition and unpaid tax liabilities. Devi Holdings was a business engaged in engaged…
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Accounting Expert Was Not Fully Allowed to Opine on Calculated Future Lost Profits
Plaintiff Barrett Business Services, Inc. (“BBSI”) is a human resources management company that contracts with small and medium-sized businesses to provide human resource management solutions, including temporary staffing and professional services. It provided these services to employers throughout the Yakima area and particularly to fruit growers and other agricultural companies. On April 23, 2014, BBSI…
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Accounting Expert Was Allowed to Opine on the Lease Auditing Process
600 Cleveland owned a commercial office building located at 600 Cleveland Street, Clearwater, Florida 33601 from September 9, 2013, to April 1, 2024. Bank of America, N.A. (BANA) and 600 Cleveland assumed a lease agreement originally entered into by other parties on December 1, 1986, and both were bound by the agreement. This lawsuit arises…
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Accounting Expert’s Lost-Opportunity Testimony Admitted
Plaintiffs Joshua Cane Jellison and Jessica Marie Jellison (collectively “Plaintiffs”) alleged violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, against PHH Mortgage Corporation, the assignee and servicer of their mortgage loan. Plaintiffs claimed that they entered into a COVID-19 forbearance, which caused them to accrue past due payments. According to Plaintiffs, PHH…
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Accounting Expert’s Testimony on Due Diligence Limited
Plaintiffs Sabby Volatility Warrant Master Fund Ltd. (“Sabby”), SZOP Multistrat LP (“SZOP”), Alto Opportunity Master Fund SPC Segregated Master Portfolio B (“Alto”), and Hudson Bay Master Fund Ltd. (“Hudson Bay”), purchasers of common stock of Quanergy Systems, Inc. (“Quanergy”) in a public offering that closed on November 2, 2022 (the “Offering”), brought suit against Defendants…
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Accounting Expert was Allowed to Opine on the Fair Market Value
Upper Deck claimed that Pixels has marketed and sold wall décor featuring images that infringe upon Upper Deck’s trademarks and Michael Jordan’s name, image, likeness, and publicity rights. Basically, Upper Deck brought this action pursuant to an exclusive agreement with Jordan (the “Jordan Agreement”) for the use of his name, image, likeness, and other publicity…
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Accounting Expert’s Financial Testimony on Mitigation Admitted
Plaintiffs sought to develop affordable housing in Brevard County. The Venue at Heritage Oaks Partners, Ltd. was the contract purchaser of the property. They, along with Atlantic Housing Partners L.L.L.P., intended to develop as “The Venue at Heritage Oaks,” a development comprised of multi-family dwelling units. Canton Construction, LLC was to construct the development, and once…
