Hess v. Fabrizi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that valuation is a mixed question of fact and law; factual findings are “subject to review on a clearly erroneous standard” and legal conclusions, such as the proper fair-market valuation method, are “subject to de novo review”
• noting that “the importance of the trial court’s gatekeeper role is significantly diminished . . . because, there being no jury, there is no risk of tainting the trial by exposing a jury to unreliable evidence”
• rejecting the argument that compliance with uniform published professional standards goes to admissibility rather than credibility
• rejecting the argument that compliance with uniform published professional standards goes to admissibility rather than credibility
• rejecting the argument that compliance with uniform published professional standards goes to admissibility rather than credibility
• discussing the “commonly recognized” valuation method of using comparable properties’ sales prices to determine general market value

Source: CourtListener parenthetical corpus (CC0).