Judge Kiesselbach of the California Superior Court extensively cited and relied upon testimony by Dr. Mordecai in denying motion for summary judgment filed by a leading engineering firm in the successor liability dispute filed in the matter Lehman v Transbay Joint Powers Authority (TJPA). TJPA was joined by Millennium Tower Association (MTA) in opposing the summary judgment motion filed by the engineering related to successor liability from its 2010 acquisition via an asset purchase agreement (APA) of the geotechnical engineering firm for the Millennium Tower.
Dr. Mordecai filed a declaration and offered testimony at deposition, as an expert in forensic financial and economic analysis, with support from Samantha Kappagoda of Risk Economics®. In overruling objections to Dr. Mordecai’s testimony, the decision by Judge Kiesselbach acknowledges Dr. Mordecai to be a “qualified economist with relevant experience” who employs “factors and methodology economists employ to arrive at their conclusions.” The Judge further relied upon opinions of Dr. Mordecai in determining there to be “multiple triable issues of material fact as to whether the APA was truly an “asset only” purchase.” Among Dr. Mordecai’s primary opinions cited in the discussion and analysis of the decision by Judge Kiesselbach pertained to the actual amount, adequacy and terms of cash equivalent consideration paid by and available to creditors at the time of sale, relative to the fair market value of the acquired assets.
Dr. Mordecai and Samantha Kappagoda worked extensively with Michael S. McCauley of Jones Day who, with Matthew A. Dekovich of Norton Rose Fulbright, represented TJPA.