U.S. District Court Excludes Expert’s Testimony on Critique of Plaintiffs’ Damages but Allows Same Expert Testimony on His Damages Calculation

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Rieves v. Town of Smyrna, 2024 Before the court in this economic damages case was the plaintiffs’ motion to exclude the testimony of the defendants’ retained expert, Robert Vance, CPA. The defendants sought to have Vance testify as an expert regarding the calculation...

Bankruptcy Court Determines Fair Value Under Asset Approach With ‘Limited Evidence’ Available to It

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Herremans v. Fedo (In re Herremans), 2023 This case in Bankruptcy Court involved a court determination of the fair value of a 50% interest in a Ponderosa restaurant in Michigan. The two 50% owners who founded the restaurant 27 years ago had a falling out and set about...

Fair Value Decision Analyzes Valuation Issues

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Rosenthal v. Erber, 2023 Ted Rosenthal and Jeffrey Erber each owned 50% of 87th Street Optical Corp. Erber ran the store, Jeffrey’s Manhattan Eyeland, while Rosenthal was a passive investor. Rosenthal filed a petition for dissolution on Feb. 3, 2021. Erber elected to...

New York Court Allows Enforcement of Under-Market-Value Buy-Sell and Approves At-Will Termination of Shareholder-Employees

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Laurilliard v. McNamee Lochner, P.C. Plaintiffs Kevin Laurilliard and Paul Pastore brought this commercial action against the law firm McNamee Lochner PC as well as nine individuals alleged to be “majority shareholders” of the firm. The defendants moved for dismissal...

Appellate Court Affirms Value of Businesses and Tax Liability Issue

by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations

Pemberton v. Pemberton, 2023 Minn. App. Unpub. LEXIS 485; 2023 This is an appeal of the district court’s decree in a complex Minnesota divorce case. While a number of issues were appealed to and decided by the appellate court in this case, including spousal...