Plaintiff Fails to Convince the Court That Physical Loss or Physical Damage Has Occurred; Virus Clause Applies and Defendant’s Motion to Dismiss Is Granted

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

Family Tacos, LLC v. Auto Owners Ins. Co. Summary In this business interruption case resulting from mandatory shutdowns to control COVID-19, the court grants a motion to dismiss the plaintiff’s claims. Plaintiff operates two restaurants in Ohio, which has incurred...

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...