Welcome to The Mercadien Group!

Litigation Support Services: Case Studies

Attorneys engage our litigation support professionals to prepare financial analysis and forensic reports to be used in litigation or negotiations. Summaries of some of our recent cases are listed below.

Commercial Nursery – Lost Profits/Income

An under-insured motorist injured the founder and driving force of this business. We researched the industry, in addition to the specifics of this company, and then prepared an expert report on lost profits and income. We also analyzed the opposing expert’s report, prepared a response, and assisted counsel in developing questions for cross-examination of the opposing expert.

Hospital Receivables Collection Agent – Response to Claim of Damages

A hospital terminated its agreement to assign past due accounts to a collection agent. The agent sued for breach of contract and damages due to lost profits. We studied the facts of the case (depositions, contracts, exhibits, etc.) and the claimant’s expert report. We then prepared a report rebutting many of the conclusions reached by the claimant’s expert with respect to damages, the mitigation of those damages, and calculated a revised damages amount. We assisted respondent’s counsel in developing questions for cross-examination of the opposing expert. In addition we calculated damages relating to the hospital’s counter-claim.

Tax Collector - Sanctions Against

A local tax collector was facing possible sanctions for failure to file proper reports on taxes billed and collected. On short notice, we reconstructed several years’ billings and collections and presented our analysis to the local governing body. The matter was resolved with only minor penalties.

Water Shuttle – Respond to Fraud Complaint

A commuter water shuttle service obtained financing to purchase and renovate a new vessel. The vessel was damaged in transit and later sold in a sheriff’s sale. The company later declared bankruptcy. The lender alleged fraud. Counsel required a report analyzing the use of loan proceeds and other receipts and disbursements of funds. Working within a short time frame (less than 45 days) we prepared the analysis and report, which counsel used to avoid a motion for summary judgment. The matter was then settled on terms favorable to our client.

Hospital Owned Physician Practice – Damages Claim

A hospital owned a local physician practice. A physician, who had an option to purchase the practice at fair market value, exercised that option. Since the hospital was contractually bound to sell the practice, a business appraiser was retained. The appraiser concluded that the value of the practice was zero and the hospital was bound by this value in transferring the practice to the physician. Engaged by the hospital’s counsel, we reviewed the appraiser’s report, critiqued his performance in light of appropriate professional standards, and determined damages to the hospital.

Dental Practice – Marital Dissolution

In connection with a divorce action, we prepared a valuation of a dental practice. Our report included a discussion of the practice’s operational history, financial analysis, and valuation. The practice’s value was determined using the capitalization of earnings method.

Top