| 1 | 8/30/2008 | BVLaw |
ASARCO v. Americas Mining Corp
Fraudulent transfer claims in bankruptcy turn on multi-million dollar valuation of controlling interest in foreign mining company.
United States District Court Texas US, Action: Bankruptcy
Full Text of Court Cases (80,308 words)
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| 2 | 7/12/2004 | BVLaw |
Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corporation
The U.S. Court of Appeals affirmed an award of lost profits that compensated Reeder-Simco GMC for Volvo’s price discrimination practices. In calculating the lost profits, the appellate court affirmed the use of sale objectives set by Volvo to measure Reed...
United States Court of Appeals 8th Circuit US, Action: Antitrust
Full Text of Court Cases (8,982 words)
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| 3 | 6/23/2000 | BVResearch |
1998 Joint Business Valuation Conference -- Quantification of Economic Damages
INTRODUCTION Once liability on the part of the defendant is established, the court will consider evidence with respect to the economic loss alleged to have been suffered by the plaintiff as a consequ...
Richard M Wise
Presentations
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| 4 | 2/1/2010 | BVLaw |
Northeast Savings, F.A. v. United States
Court finds bank expert fails to prove federal legislation caused bank’s lost profits in breach of contract/Winstar case, when a variety of external and internal factors forced bank to shrink assets and divest risky portfolio.
United States Court of Federal Claims Federal Circuit US, Action: Winstar
Full Text of Court Cases (51,826 words)
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| 5 | 2/25/2000 | BVLaw |
Balance Dynamics Corporation v. Schmitt Industries, Incorporated
On an issue of first impression, the Sixth Circuit concluded that Balance Dynamics could recover its damage control costs under the Lanham Act which stemmed from Schmitt Industries' false advertising. The court determined that recovery was based on a thr...
United States Court of Appeals 6th Circuit US, Action: Intellectual Property
Full Text of Court Cases (9,181 words)
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| 6 | 3/31/2005 | BVLaw |
Robert J. Pound v. Airosol Company, Inc.
The U.S. District Court for Kansas excluded a financial expert’s damage computation under Daubert in this false advertising matter. The expert utilized the yardstick method and a one-to-one sales loss assumption. Because she failed to perform a market ana...
United States District Court Kansas US, Action: Intellectual Property
Full Text of Court Cases (3,324 words)
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| 7 | 9/3/2004 | BVLaw |
Polar Bear Productions, Inc. v. Timex Corporation
The U.S. Court of Appeals for the Seventh Circuit reversed a portion of a lost profits award as speculative because it was based on the premise that had the infringer paid a license fee, which was established as a separate aspect of the damage award, then...
United States Court of Appeals 9th Circuit US, Action: Intellectual Property
Full Text of Court Cases (10,286 words)
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| 7 | 4/3/2001 | BVLaw |
On Davis v. The Gap, Inc.
The U.S. Court of Appeals for the Second Circuit affirmed in part and reversed in part the lower court’s decision not to award damages for The Gap’s infringement of Davis’ copyright. The Gap used Davis’ copyrighted eyewear in an advertisement. The appella...
United States Court of Appeals 2nd Circuit US, Action: Intellectual Property
Full Text of Court Cases (12,678 words)
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| 9 | 2/9/2009 | BVLaw |
ASARCO, LLC v. Americas Mining Corp
Federal district court considers whether control premium can be an element of damages in fraudulent transfer/breach of fiduciary duties in bankruptcy case.
United States District Court Texas US, Action: Bankruptcy
Full Text of Court Cases (17,245 words)
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| 9 | 5/30/1997 | BVUpdate |
The Kansas Court of Appeals affirmed the lower court's decision denying the Smiths damages for Stephen's fraud in connection with a business sale. The court stated the proper measure of damages was the difference between the actual value of the business...
, Action: Contract
Legal and Court Case Update (216 words)
Business Valuation Update
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| 9 | 5/30/1997 | BVLaw |
Revaluation of Business Necessary to Establish Buyer’s Damages
The Kansas Court of Appeals affirmed the lower court's decision denying the Smiths damages for Stephen's fraud in connection with a business sale. The court stated the proper measure of damages was the difference between the actual value of the business...
Court Case Digests (216 words)
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| 12 | 5/14/2009 | BVLaw |
AIG Global Securities Lending Corp. v. BOA
Expert computer model helps prove loss causation in federal claims of fraud regarding asset-backed securities.
United States District Court New York US, Action: Securities
Full Text of Court Cases (14,350 words)
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| 12 | 12/26/2006 | BVLaw |
Baxter v American Guarantee and Liability Insurance Co.
This case arises out of an insurance coverage dispute between Baxter International, Inc. (Baxter), and American Guarantee & Liability Insurance Company (American). The dispute concerns whether payments American made to indemnify Baxter for damaged i...
Court of Appeals Illinois US
Full Text of Court Cases (3,931 words)
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| 14 | 8/13/2009 | BVLaw |
Kipperman v. Onex Corp
Court rejects expert’s unsupported use of three-year historical averages in his DCF to adjust the debtors’ management projections regarding revenue, debt-free cash flows, capital expenditures, and sales.
United States District Court Federal Circuit US, Action: Bankruptcy
Full Text of Court Cases (44,350 words)
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| 14 | 7/15/2001 | BVResearch |
Damage Quantification in Intellectual Property Litigation: Comparing and Contrasting United States and Canada
This paper compares and contrasts the methodologies utilized when computing damages in various types of intellectual property litigation in the U.S. versus the factors and methodologies that need consideration if the case is tried in Canadian courts.
J. Donald Fancher, Daniel D Zielke
CICBV Publications (6,911 words)
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| 16 | 3/26/2009 | BVResearch |
The 1997 IRS Valuation Training for Appeals Officers
The 1997 IRS Valuation Training for Appeals Officers provides valuation professionals with IRS approaches to business valuation methodologies and concepts. Some of the lessons in this 195 page document include Introduction to Valuation of Closely Held Bus...
Articles
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| 16 | 7/29/2005 | BVLaw |
Spring Windows Fashions Division, Inc. v. The Blind Maker, Inc.
The Texas Court of Appeals for the Third District considered an award of lost profits as consequential damages stemming from a fraud claim. It permitted recovery for lost profits based on a before and after analysis of overall business profits, the drop i...
Court of Appeals Texas US, Action: Fraud
Full Text of Court Cases (24,410 words)
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| 18 | 2/19/1991 | BVLaw |
Sundstrand Corporation and Subsidiaries, Petitioner v. Commissioner of Internal Revenue
During 1977 and 1978, petitioner and its subsidiaries manufactured and sold numerous products, including the constant speed drive (CSD), an extremely complex avionic device used to drive an airplane engine's generator at a constant speed regardless of...
United States Tax Court US, Action: Federal Taxation
Full Text of Court Cases (67,475 words)
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| 19 | 8/20/2008 | BVLaw |
Bellagio Jewelry, Inc. v. Croton Watch Company, Inc.
Plaintiff in trademark infringement case seeks lost profits and disgorgement of defendant’s profits.
United States District Court California US, Action: Damages (incl. Lost Profits)
Full Text of Court Cases (10,752 words)
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| 19 | 5/1/2006 | BVResearch |
Economic Obsolescence Is an Essential Procedure of a Cost Approach Valuation of Industrial or Commercial Properties
First, this discussion presents summary descriptions of the various forms of obsolescence considered in a cost approach valuation. Second, this discussion recommends procedures to help the taxpayer and the taxing authority assessor to recognize the ex...
Robert F Reilly, Robert P Schweihs
Willamette Insights (10,937 words)
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