Category: Expert Witnesses

Valuations should carefully consider application of the income and market approach

In a recent bankruptcy case, a plaintiff valuation expert provided, without proper justification, 70% reliance on what the Court described as a biased application of the discounted cash flow (DCF) approach to value (an income approach)  to determine her appraisal conclusions. The discounted cash flow analysis is a commonly-used, and conceptually excellent method of performing …

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Permanent link to this article: https://betweenthenumbers.net/2013/04/valuations-of-larger-companies-must-carefully-consider-the-market-approach/

Lost Compensation Settlement Tool Allows You to Assess Economic Damages Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts are often employed to calculate lost compensation because of their unique background/skill set.  However, the desire to minimize costs means that these experts are often employed after settlement efforts …

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Permanent link to this article: https://betweenthenumbers.net/2013/03/lost-compensation-settlement-tool-allows-you-to-assess-economic-damages-accurately-and-efficiently/

California Appellate Court criticizes expert witness exclusion in eminent domain case

Valuation in an eminent domain case is necessarily accomplished through experts. In County Of Glenn vs. Patrick Foley (California Third Appellate District, case no. C068750, November 26, 2012), the Trial Court was reversed with directions. The trial court had excluded the property owner’s valuation expert, thus effectively eviscerating the property owner’s case. The subject property …

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Permanent link to this article: https://betweenthenumbers.net/2012/12/california-appellate-court-criticizes-expert-witness-exclusion-in-eminent-domain-case/

Another example of a plaintiff waiting too long before addressing damages

A Northern District of California case (Brandywine Communications Technologies, LLC, vs. Cisco Systems, Inc., Case C 12-01669 WHA), provides an analysis of the damage disclosure requirements that a plaintiff has in a patent infringement case.  It applies equally to any commercial dispute. The Court started with the damage disclosures under FRCP 26(a)(1)(A)(iii), which states:  A …

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Permanent link to this article: https://betweenthenumbers.net/2012/12/another-example-of-a-plaintiff-waiting-too-long-before-addressing-damages/

California’s new deposition limitation has plenty of exceptions, including experts

Effective January 1, 2013, AB-1875 amends California Code of Civil Procedure (CCP) Section 2025.290, which applies to oral depositions in civil cases. The revised law limits the deposition to seven hours of total testimony. Currently, CCP § 2025.290 does not contain any time limits on depositions. This revision brings CCP § 2025.290 more in conformity …

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Permanent link to this article: https://betweenthenumbers.net/2012/12/californias-new-deposition-limitation-has-plenty-of-exceptions-including-experts/

Supreme Court Brings California Closer To The Federal Expert Witness Admissibility Standard

In a unanimous opinion, the California Supreme Court clarified that trial courts may use either California Evidence Code Sections 801(b) or 802 to admit or exclude the expert’s testimony. Potentially, the Opinion widens California judicial authority to exclude expert testimony by placing California closer to the federal Daubert standard and the majority of other states …

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Permanent link to this article: https://betweenthenumbers.net/2012/12/supreme-court-brings-california-closer-to-the-federal-expert-witness-admissibility-standard/

Judges continue to aggressively grant Daubert challenges

PWC updated its annual study of Daubert challenges. The current study covers through the end of 2012, for a total of twelve years. The results are nearly the same as what is reported in last year’s study, which is summarized here. The most important change from the prior study involve challenges to financial witness, which …

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Permanent link to this article: https://betweenthenumbers.net/2012/12/judges-continue-to-aggressively-grant-daubert-challenges/

NY Appellate Court reviews the basics in allowing expert testimony

Courts are becoming more assertive in not allowing experts to testify. Because of the success obtained when an expert can be thrown out, filings to eliminate the other side’s expert(s) are become de rigueur. This article summarizes a study on this point. A New York court in re: Wathne Imports, Ltd. v PRL USA, Inc. …

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Permanent link to this article: https://betweenthenumbers.net/2012/11/ny-appellate-court-reviews-the-basics-in-allowing-expert-testimony/

Tax Court expert witness discovery catches up

Federal Rule of Civil Procedure (FRCP) 26(b)(4) was amended in 2010 to shield from discovery (i) drafts of expert witness reports and (ii) certain pretrial communications with expert witnesses. This article provides the details of this earlier change.  Effective July 2012, the U.S. Tax Court “Rules of Practice and Procedure” were amended for the same …

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Permanent link to this article: https://betweenthenumbers.net/2012/08/tax-court-expert-witness-discovery-catches-up/

Sixth Circuit Provides Practical Guidance Regarding Expert Testimony Admissibility

In Newell Rubbermaid, Inc. vs. The Raymond Corporation (No. 10-3912, April 3, 2012), the Sixth Circuit evaluated the trial court’s exclusion of Plaintiff’s expert testimony, and related successful defendant motion for summary judgment because of a failure to have minimally-required expert witness evidence. In upholding the trial court’s exclusion under the abuse of discretion standard, …

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Permanent link to this article: https://betweenthenumbers.net/2012/05/sixth-circuit-provides-practical-guidance-regarding-expert-testimony-admissibility/