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...

In Buyout Dispute, ‘Downward Bias’ Sinks Expert’s Fair Value Determination

by Royer Advisors | Dec 11, 2024 | Court Rulings

Ryan Trust v. Ryan  In a bitter buyout dispute involving a thriving private family business and featuring two veteran appraisers, the Nebraska Supreme Court recently affirmed the district court’s decision to unreservedly credit the valuation testimony of the expert...

Court Rejects Creditor’s Objection to Discharge Based on Debtor’s Alleged Concealment of Client List from Accounting Business Client

by Royer Advisors | Dec 11, 2024 | Court Rulings

Case digest The case implicates section 727 of the U.S. Bankruptcy Code, which concerns a Chapter 7 debtor’s request for discharge. Objections to discharge are challenging to prove because the denial of discharge is the “death penalty” in bankruptcy. The objector has...

The District Court Refuses to Throw Out Experts Under Daubert Motions, Citing Differences in Admissibility and Scrutiny Under Cross-Examination

by Royer Advisors | Dec 11, 2024 | Court Rulings

Innovation Ventures, L.L.C. v. Custom Nutrition Labs., L.L.C. This case involves a consideration of motions by both the plaintiff and the defendant to exclude the testimony of the other party’s expert witness based on Daubert and the Federal Rules of Evidence....

Expert’s Failure to Review Debtor’s Reorganization Plan Results in ‘Defective’ Hotel Appraisals

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

The key issue in the bankruptcy proceedings involving a debtor entity that owned two hotels was the value of the hotels, which would control the amount of the main creditor’s secured and unsecured claims. The valuation date was October 2020, a point when the effect of...