September 2014 archive

Limited Information Does Not Prevent Valuation

A recent Appeals Court decision addressed the level of evidence required to demonstrate business value in a divorce proceeding. In Hugh v. Hugh, 2014, the wife filed a cross-appeal on a number of issues, including the trial court’s failure to value her husband’s business (“E-Tech”). The Appeals Court agreed that while the husband had effectively “stonewalled” …

Continue reading

Three Strikes on Damages in CA Class Certification

Jones v. ConAgra Foods, Inc. demonstrates the damages-based hurdles that exist for obtaining class certification.  Despite Plaintiff’s presentation of three different damages models (“full refund,” “price premium,” and “regression”), Judge Charles R. Breyer concluded each failed to demonstrate class-wide damages and denied class certification.

Continue reading