Tag: Valuation
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Real Estate Appraisal Expert Witness’ Valuation Opinions Admitted Despite Serious Concerns About the Methodology
Plaintiff Old Gate Partners, LLC (“Old Gate”) alleged that Paddock is liable for contamination of a property (“the Property”) currently owned by Old Gate. Paddock retained Michael P. Hedden to provide valuation opinions of the Property’s “highest and best use and market value.” As a part of his analysis, he utilized an appraisal technique known…
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Valuation Expert Witness’ Testimony is Excluded Because his Experience as a Marine Appraiser is not Demonstrated
Plaintiff Max Zach Corporation entered into a contract with Defendant Marker 17 Marine (“Marker 17”) to modify Plaintiff’s vessel, a 2006 48′ Fountain Express Cruiser (the “Boat”)by retrofitting and repowering it with four Mercury Outboard 400 Racing Motors, at a cost of about $315,000. The agreement also provided for the delivery of the Boat by Marker…
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Business Valuation Expert Witness’ Testimony Regarding the Value or Lack Thereof of Plaintiff’s Trade Secrets Excluded
Alan Solomon with the University of Tennessee (“UT”) developed the 11-1F4 antibody, and the “ownership of the Antibody materials and associated materials are held by Plaintiff.” The Antibody is effective in treating amyloidosis. In 2009, Solomon applied for and received two different orphan drug designations for two indications of the 11-1F4 Antibody. Defendant Caelum Biosciences,…
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Damages cannot be awarded for speculative losses; Court limits testimony on lost wages and lost earning capacity of the Plaintiff
Plaintiff John Doe, who was referred to by a pseudonym by the Court, brought an action against the Trustees of Dartmouth College (“Dartmouth”) alleging that Dartmouth had violated Title IX of the Education Amendments of 1972 and had breached a contract by expelling him from Dartmouth’s Geisel School of Medicine. This expulsion followed Dartmouth’s determination…
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Evidence of Causation Necessary to Support Damages Theory; Court Limits Clashing Expert Testimony on Economic Damages
This copyright infringement case was brought by JBrick, LLC (“JBrick”) against Chazak Kinder, Inc., Chazak Distribution, Inc., Marav USA LLC, and Yaacov Schwartz (collectively “Defendants”) in the United States District Court for the Eastern District of New York. JBrick alleged that the Defendants infringed on their copyright for a lego model of the Second Holy…
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Court admitted the valuation expert reports presented by both parties in this case involving the termination of a wine distributorship agreement
In a wine distribution lawsuit, the court denied motions by both parties to exclude expert witness testimony. The court found most issues went to the weight of the evidence rather than admissibility. Citing the less stringent Daubert standard in a bench trial, the court expressed confidence in its ability to properly weigh even questionable expert…
