Oregon Appellate Court Disallows Discounts for Lack of Control and Lack of Marketability

by Royer Advisors | Dec 11, 2024 | Court Rulings

Dipak Patel, Plaintiff-Appellant v. Siddhi Hospitality, LLC, et al. Plaintiff, Dipak Patel, was a 25% owner in defendants’ two entities, franchised hotels. Believing that his fellow LLC members were not treating him fairly, the plaintiff filed suit against the...

Malpractice Insurer Not Required to Defend Valuation Firm for Claim Alleging Securities Fraud

by Royer Advisors | Dec 11, 2024 | Court Rulings

Great Am. Fid. Ins. Co. v. Stout Risius Ross, Inc. In this suit, the defendant (Stout) was initially sued over its valuation of the stock of a paper company in connection with the ESOP for that company. Stout demanded coverage for that suit from its malpractice...

Court Issues Partial Summary Judgment in Favor of Party Alleging Breach of Contract

by Royer Advisors | Dec 11, 2024 | Court Rulings

Paganelli v. Lovelace Background Parties’ agreement. The defendant, and counterclaimant, Richard Lovelace, was an estimator and project manager for Safe Environmental Corp. (the Company). He eventually became a vice president but was not involved in the finances of...

Property Transfer Was Not Fraudulent Because Debtor Was Not Insolvent

by Royer Advisors | Dec 11, 2024 | Court Rulings

Yaquinto v. Thompson St. Capital Partners “As part of a refinancing transaction in 2014, Stone Panels Inc. (SPI) and Stone Panels Holding Corp. (Holding) jointly borrowed roughly $14 million that was immediately transferred to Thompson Street Capital Partners III, LP...

District Court Rules ‘Decisively’ Against the DOL in an ESOP Overvaluation Case

by Royer Advisors | Dec 11, 2024 | Court Rulings

Walsh v. Bowers Defendants Brian Bowers and Dexter Kubota owned all the stock in an engineering firm, Bowers & Kubota Consulting Inc. They created an ESOP to which they sold all of their stock for $40 million. The government sued, alleging that they had violated...

Husband Dissipates Assets by Placing Them in Trusts for the Children, but the Appellate Court Does Not Allow Unaccrued Interest

by Royer Advisors | Dec 11, 2024 | Court Rulings, Divorce Litigation

Mohen v. Mohen The appellate court (AC) vacated the trial court order (TC) that erroneously charged the husband with $4,360,158 in unaccrued interest on marital assets that the husband fraudulently dissipated from the marital estate. This altered the equitable...