by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
R.D. Clark & Sons, Inc. v. Clark In a buyout dispute involving a Connecticut family business, an appellate court recently upheld the trial court’s decision not to tax affect the earnings of the company in valuing the departing shareholder’s interest, even though...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Coster v. UIP Companies In a breach of fiduciary duty action arising out of a controversial stock sale, the Delaware Court of Chancery dismissed the plaintiff’s attacks on the underlying valuation, noting the appraiser was “exceptionally knowledgeable about the...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Linde v. Linde In a bitter fight between siblings over the buyout of the minority shareholder’s interest in a successful construction business, the trial court found the asset-based valuation the majority shareholder’s expert proposed was fatally flawed for at least...
by Royer Advisors | Dec 11, 2024 | Court Rulings
Bayou Place Limited Partnership v. Alleppo’s Grill, Inc. The doctrine of force majeure (aka “act of God” doctrine) has received a lot of attention during the current COVID-19 crisis, which has harmed great swaths of the national and global economy owing to mandatory...
by Royer Advisors | Dec 11, 2024 | Court Rulings
County of Maricopa v. Office Depot Inc. Several sessions at the recent AICPA conference in Las Vegas highlighted the importance of expert discovery in litigation and noted that draft reports continue to be a hot-button issue. A recent contract dispute, litigated in...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Remy v. Lubbock Nat’l Bank A fairly routine ESOP case that is being litigated in the 4th Circuit has raised a novel legal issue in this jurisdiction as to the financial liability of co-fiduciaries and nonfiduciaries, including the ESOP appraiser. The plaintiffs in the...