United States Sixth Circuit

Dismissal of a case for an accounting of the value of counter-plaintiff's interest in a company, based on a lack of admissible accounting evidence, and a ruling under the fee-shifting provision of a contract between the parties, are reversed where evidentiary rulings, which found all of his accounting expert's testimony inadmissible due to a failure to state that his opinion was based on "generally accepted accounting principles" (GAAP), were clear error under an abuse of discretion standard.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• Before: MERRITT, SUTTON and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William J. Shreffler, James A. Freeman & Associates, Nashville, Tennessee, for Appellant.  Julie M. Burnstein, Boult, Cummings, Conners & Berry, Nashville, Tennessee, John P. Branham, Branham & Day, Brentwood, Tennessee, for Appellees.   ON BRIEF:  William J. Shreffler, James A. Freeman & Associates, Nashville, Tennessee, for Appellant.  Julie M. Burnstein, Matthew C. Lonergan, Boult, Cummings, Conners & Berry, Nashville, Tennessee, John P. Branham, Rebecca C. Blair, Branham & Day, Brentwood, Tennessee, for Appellees.