Cases
The following are an illustrative list of expert reports and expert testimony and courts of testimony. It is not exhaustive list of Dr. Clark's 30 years of expert experience and expert testimony.
Defamation
Retained by the plaintiff in a defamation of character case in Georgia. An Atlanta teacher was defamed by his homeowner’s association and forced to move to another state. The special (quantifiable) economic damage report included damages for: salary reduction; pension loss; SSI pension loss; 401k loss; house loss; truck rental loss. As a result of the expert report, the case settled for a six-figure sum. DeKalb County, Georgia (15EV002326).
Casino Gambling
Dr. Clark is a noted and respected economic expert on the casino gambling industry. His expert report saved one casino operator in Atlantic City millions of dollars in property taxes. He testified in tax court that the highest and best use for land in Atlantic City is no longer for casinos; and, therefore, any casino held property should be valued and taxed at its much lower non-casino use.
As an aside, in this case, Dr. Clark was retained by the Trump Corporation and now President Donald Trump himself to be his expert witness against the City of Atlantic City in Trump Crystal Towers vs the City of Atlantic City. The result was about a $7 million (approximately $13 million in 2019 dollars) property tax refund as a result of Dr. Clark's testimony and expertise. (Docket No. 01-02-02734-92D).
Re-licensing Hydroelectric Dams
Dr. Clark has provided reports and testimony concerning the benefits and costs of re-licensing hydroelectric facilities. The report and testimony demonstrated that society would benefit from having the dams re-licensed for the purpose of generating electricity rather than to produce less electricity and offer more protection for different species of fish. His findings stood up to rigorous courtroom challenges even when efforts were made to overvalue the fish by various environmental concerns.
Auctions
Dr. Clark's expert report and testimony have allowed an injured real estate developer to collect a sizable settlement from a real estate auction company. His testimony proved that the damage suffered was a direct result of a botched real estate auction held by the auctioneers. Also, the testimony pointed out that the auctioneer overstated the benefits and understated the economic risks of holding a real estate auction. The report demonstrated that contrary to the auctioneer’s claims, auctions are not always the best way to raise seller’s revenues and rebuffed the auctioneers claim that a depressed real estate market was responsible for the poor auction. Cape May County, NJ, Superior Court; Federal District Court, Camden, NJ; Federal District Court Philadelphia, PA.
Tourism
Dr. Clark's expert analysis and opinion helped defend a boat manufacture from breach of contract lawsuit from a retail marine dealer. It was proven to the court that boat dealer incompetence, a disastrous national marine retail market and a declining seasonal tourism industry were responsible for the dealer's declining sales and eventual closing. The manufacture had no responsibility for the dealer’s misfortune. Superior Court, Monmouth County, NJ.
Real Estate and Finance
Dr. Clark's proffered expert opinions and reports to defendants of mortgage foreclosure lawsuits. In one case demonstrating to the court that the mortgagee’s initial calculations of monthly payments were inconsistent with the interest rate stated in the note, and when the calculations are corrected, the defendant had a much lower principal outstanding and was entitled to a refund. Furthermore, it was demonstrated that the Annual Percentage Rate contained in the Truth and Lending Statement was calculated incorrectly in violation of Regulation Z.
Matrimonial and Estate Matters
Dr. Clark has valued matrimonial property in divorce settlements. One the areas in which his firm excels is valuing the assets of human capital investment, i.e., the value education, training of advanced and professional degrees made by either spouse during the period of marriage. This often overlooked but very profitable asset needs to be valued and distributed equability between the two divorcing parties. Dr. Clark has valued estates and made recommendations for the equitable distribution of an estate among feuding heirs.
Discrimination/Sexual Harassment
Dr. Clark has estimated the loss of earnings and fringe benefits from current and past discrimination and sexual harassment. The reports and testimony explained and brought forth, the sources and mechanisms behind discrimination and the incentives and disincentives for firms to engage (or avoid) it. When necessary, he has provided high powered statistical analysis of a firm's entire employee data base to show the presence or absence of discrimination by age, race, sex or disability. Federal District Court, Delaware.
He has estimated the multi-million-dollar damages for an attorney that was wrongfully terminated from a large national law firm because of age discrimination. The case involved making an economic case for the attorney actually being an employee despite the contracts, arguments and beliefs that he was a partner with the firm.
Wrongful Discharge
Estimated the lost earnings resulting from a wrongful discharge. Superior Court, Ocean County NJ. Consulted with defense attorneys about possible defenses against plaintiff’s expert report in a in a large wrongful discharge matter. Circuit Court, Miami-Dade County, FL 12-00519 CA 40.
Personal Injury and Wrongful Death
All-embracing experience in handling personal injury and wrongful death case. Reports and testimony cover all aspects of the injuries and damages. Reports and testimony accounted for hospital, medical, nursing facility charges and funeral expenses as well as future or continuing care expenses, lost wages and fringe benefits and future impairment of earning capacity. Reports and testimony addressed intangible damages, when applicable, such as the ability to enjoy life and the loss of household services and consortium. In Florida, Orange County Ninth Judicial Circuit Count (2017-CA-8565), Superior Court Suffolk County, NY; Superior Court Camden County NJ.
For the defense, the plaintiff 's expert reports, depositions are evaluated and analyzed for completeness and accuracy as well as adherence to generally accepted economic theory and practices for damages. Alternative reports for damages are also calculated, using adjusted WLE and LE adjustments, when appropriate. Recent case includes reducing an exaggerated damage claim case involving a traffic accident. Another case involved confirming a damage claim against a wrongful death damage claim against a marine manufacture where the yacht's HVAC system was incorrectly installed.
Business Losses
Dr. Clark has estimated the economic damages from a breach of contract case involving a small retail establishment against a large clothing manufacturer, Superior Court Riley County, Kansas. Refuted a plaintiff’s expert economic report estimating the economic damage from a botched roof repair job at an historic restaurant and hotel. Superior Court, Hunterdon County, NJ.
Dr. Clark preparing lead attorney for cross examination of opposing economic expert.