Ruggiero v. Ruggiero
New York court enlists expert valuators to determine the fair value of a deli, occupying a “unique niche,” following the death of one of two equal owners; the court adopts the defendant expert’s income approach, but rejects the proposed 20% lack of market ...
Ongoing saga of New York’s out-of-step position on DLOM
We’ve followed the continuing tale of New York’s inconsistent position with respect to the discount for lack of marketability in fair value proceedings (for example, see this coverage).
Top 10 Noteworthy BV Cases of 2013
The year 2013 contributed a host of valuation- and expert-related opinions from federal and state courts. Below is our roundup of “must know” cases. Subscribers may find digests and opinions for them at www.bvlibrary.com, along with many more valuation-re ...
BV movers . . .
The National Association of Certified Valuators and Analysts (NACVA) has awarded J. Richard Claywell, CPA, MBV, ABV, ASA, CBA, CVA, MAFF, CFD, ABAR, CVGA, ICVS-A, the Thomas R. Porter Lifetime Achievement Award.
BVR Legal & Court Case Yearbook 2014
May 2014 978-1-62150-036-0 PDF (256 pages)
BVR (editor)
Business Valuation Resources, LLC
With Expert Help, N.Y. Court Computes Deli’s Fair Value
New York court enlists expert valuators to determine the fair value of a deli, occupying a “unique niche,” following the death of one of two equal owners; the court adopts the defendant expert’s income approach, but rejects the proposed 20% lack of market ...
The Application Of Daubert Challenges To Economic Damages Expert Testimony In Commercial Litigation Matters
I n s i g h t s THE APPLICATION OF DAUBERT CHALLENGES TO ECONOMIC DAMAGES EXPERT TESTIMONY IN COMMERCIAL LITIGATION MATTERS Authored by: Schweihs, Robert 5/1/2007 by Willamette Management & Associates Thank you for visiting www.BVLibrary.com and downloading this article. Please note this article is copyrighted and cannot be reproduced or distributed without written consent. Please contact Business Valuation Resources, LLC to inquire about permission to reprint. Phone: (888) 287-8258 or (503) 291-7963 ...
BVU News and Trends April 2019
A monthly roundup of key developments of interest to business valuation experts.
In re Marriage of Barbara Blinderman v. William Rieb
The Illinois Court of Appeals for the First District affirmed the lower court's acceptance of a business valuator's opinion of value over an industry expert's opinion of value even though the business valuator had not valued an insurance business previous ...
Nelson v. Craner, et al.
The New Jersey Superior Court, Somerset County, determined the value for stock in a law firm as set forth in the firm’s shareholders’ agreement should be enforced in favor of a shareholder, who committed a breach of fiduciary duty.
Crile v. Commissioner
Court says artist’s art making is business and IRS expert’s appreciation analysis is unreliable where the expert did not consider factors other than price of previously sold paintings; artist could reasonably expect to make profit despite prior losses.
Lightbox Ventures, LLC v. 3 RD Home Ltd.
Court excludes lost profits calculation and valuations of new venture; experts’ unquestioning adoption of plaintiff’s data and assumptions, the large range of valuations proffered, and disclaimers accompanying valuations undermine opinions’ meaningfulness.
Showers v. Pfizer, Inc. (In re Pfizer Inc. Sec. Litig.)
Second Circuit says district court “went astray” when, under Daubert, it excluded entire loss causation and damages testimony of plaintiffs’ expert instead of just eliminating unreliable part; appeals court ruling revives securities fraud class action.
White Buffalo Env’t, Inc. v. Hungry Horse, LLC
The case dealt with two motions to preclude testimony of an expert witness as to the loss in value of the plaintiff’s business. The plaintiff was an environmental consulting firm allegedly injured as a result of the actions of certain employees including breach of their fiduciary duty. The court concluded that the witness may testify because his report was based on sufficient facts and data and he applied reliable principles to the facts of this case.