Antitrust: Concert promotion services and radio adverting and promotion
Antitrust dispute alleging monopolization and attempted monopolization of concert promotion business via ownership of commercial radio station. Evaluated relevant product and geographic markets; whether a monopoly exists in the relevant markets; and whether Defendants monopolized or attempted to monopolize the relevant markets. Evaluated Plaintiff’s claim of lost profit damages. LMG Concerts, LLC v. Salem Communications […]
Report: Alleged market manipulation and securities fraud
Evaluated allegations of market manipulation associated with the issuance of press releases and buying activities by third parties. Performed statistical analysis to evaluate whether Plaintiffs’ actions were material to a reasonable investor. Confidential, United States District Court for the District of Idaho Southern Division. Report.
Testimony: Valuation of intellectual property
Contract dispute involving alleged misappropriation of intellectual property regarding bow design. Performed reasonable royalty calculation. Calculations included statistical analysis of actual bow sales and forecast of future sales. Claude Hadley v. Extreme Technologies, Inc., Circuit Court for the State of Oregon for the County of Lane. Testimony.
Testimony: Real estate valuation and damage from development delay
Evaluated Plaintiffs’ claims of damages. Plaintiff alleged that city imposed delays diminished the market value of real estate, increased Plaintiff’s carrying costs, and imposed costly exactions on Plaintiff. Evaluated “rough proportionality” related to inverse condemnation. David Hill Development, LLC, v. City of Forest Grove, Steve A. Wood, and Robert A. Foster, United States District Court […]
Testimony: Damages from alleged wrongful discharge from employment
Calculated foregone income resulting from alleged wrongful discharge. Calculations included evaluation of foregone income and retirement contributions as well as increased costs of medical insurance coverage. Gordon Ogawa v. Malheur Home Telephone Company dba Malheur Bell and Qwest Corporation, United States District Court for the District of Oregon. Report and testimony.
Testimony: Real estate valuation and damage from delay
Evaluated Plaintiffs’ claims of damages. Plaintiffs alleged that county planning commission decision deprived Plaintiffs of all economically viable uses for their property for approximately four years. Dr. Fruits performed a statistical analysis of the reasonable rate of return on the value of real estate during that period of time through the date of trial. The […]
Testimony: Valuation of medical practice
Evaluated Plaintiffs’ claims of foregone income. Plaintiffs alleged that Defendants violated their fiduciary duty by seeking seeking exclusive referrals from a cardiology group to the detriment of the corporation. Dr. Fruits performed a statistical analysis of the relationship between referrals and Plaintiffs’ revenues. He also analyzed impacts of changes in compensation formula on principals’ income. […]