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...

Court Denies Motion to Exclude Rebuttal Testimony of Damages

by Royer Advisors | Dec 11, 2024 | Court Rulings

SL EC, LLC v. Ashley Energy, LLC The matter at hand was a motion to exclude rebuttal testimony of Barton DeLacy regarding a sale transaction of a historic steam power plant in downtown St. Louis. For the reasons described below, the motion was denied. Background...

In a New York Business Divorce, a Petition for Dissolution Triggers Buy-Sell Agreements

by Royer Advisors | Dec 11, 2024 | Court Rulings

Collins v. Tabs Motors of Valley Stream Corp. Tabs Motors of Valley Stream Corp. (Tabs), respondent and third-party plaintiff, sought to enforce a shareholders agreement through specific performance. This decision addressed only the counterclaim of Tabs against the...

Court Grants Insurance Company’s Motion to Dismiss Plaintiff’s Complaint That It Suffered Covered Loss of Income Due to COVID-19 Restrictions

by Royer Advisors | Dec 11, 2024 | Court Rulings

Equity Planning Corp. v. Westfield Ins. Co. Case Digest  COVID-19-related damages cases are making their way through state and federal courts. Plaintiffs typically are businesses that have suffered economic losses because of various mandatory shutdowns. They file...

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...