Litigation Support and Expert Testimony

Litigation Support Capabilities

Complex litigation assignments are our specialty. The firm’s experienced professionals are comfortable handling mixed issues of law and real estate economics, including evaluation of damage claims and damage theories, due diligence analysis, valuations, and market analysis. In addition to our own analysis and testimony, we are often called upon to assist in the review and critical examination of reports prepared by other experts. Our advanced technical skills, including geographic information systems (GIS) capabilities prove useful in more complex litigation and real estate analysis.

The firm works nationally, and sometimes even internationally, as experts in complex real estate-related litigation including bankruptcy, environmental contamination, class action, and eminent domain proceedings. More notable assignments include expert testimony in the Exxon Valdez oil spill litigation, the Hurricane Katrina master consolidated class action litigation, the TOUSA, Inc. bankruptcy proceeding, and the Chinese drywall multi-district litigation.

Types of Assignments and Services

  • Bankruptcy Litigation & Services
  • Class Action Certification Proceedings
  • Real Estate Valuation and Damage Determination
  • Review Appraisal & Valuation Consulting
  • Zoning and Land Use Disputes
  • Environmental Damages
  • Eminent Domain
  • Foreclosures
  • Valuation of Partial Interests in Real Estate
  • Ad Valorem Taxation
  • Due Diligence Analysis
  • Witness Examination Support
  • Expert Testimony

SUMMARY OF REPRESENTATIVE TRIAL AND CASE EXPERIENCE

Litigation

Hurricane Katrina Canal Breaches Master Consolidated Class Action, U.S. District Court, Eastern District of Louisiana

Clarion’s Role

Expert witness and rebuttal services related to the certification of a class action involving all real property within the putative class area encompassing much of the City of New Orleans and parts of Jefferson Parish.

Litigation

Exxon Valdez Oil Spill litigation, Superior Court for the State of Alaska

Clarion’s Role

Expert witness and rebuttal testimony related to the impact of the oil spill on the real estate market in south central Alaska and Kodiak Island.

Litigation

Tousa Inc., Bankruptcy Proceeding (08-10928) U.S. Bankruptcy Court, Southern District of Florida

Clarion’s Role

Expert witness and rebuttal testimony related to the value of a major homebuilder’s real property assets for purposes of establishing corporate solvency. Involved the analysis and appraisal of over 27,000 single-family and multi-family residential parcels across ten states.

Litigation

Paulson, et al v. 3M Company, Lake Elmo, MN

Clarion’s Role

Expert witness and rebuttal testimony related to the impact of VOC contaminated groundwater on residential property in suburban Minnesota.

Litigation

Henry, et al. v. The Dow Chemical Company, Circuit Court for County of Saginaw, Michigan

Clarion’s Role

Expert witness and rebuttal testimony related to the certification of a class action involving alleged contamination of all property within the putative class area of the Tittabawassee River floodplain. Involved more than 2,200 properties and 13,000 acres.

Litigation

CMC Milwaukee, v. The Redevelopment Authority of the City of Milwaukee, Circuit Court of Milwaukee County, Wisconsin

Clarion’s Role

As part of an eminent domain action, provided expert witness and rebuttal testimony related to the valuation of 142 acres of commercial property just east of the Milwaukee Brewers’ Miller Park.

Litigation

FDIC v. Lucas, U.S. District Court for the Central District of Illinois.

Clarion’s Role

Expert analysis of real estate appraisal practices used by the board members of a failed Midwestern savings and loan association.

Litigation

Chicago Transit Authority v. DePaul University, Circuit of Cook County, Illinois

Clarion’s Role

Valuation of easements taken for the expansion of the Fullerton Avenue rapid transit station in the Lincoln Park neighborhood of Chicago.