by Royer Advisors | Dec 11, 2024 | Court Rulings
Parker v. Parker You may remember the Wisniewski v. Walsh case, in which the court used the marketability discount to punish bad behavior. A trial court decision in a forced buyout follows the same approach. The oppressor had created an “extraordinary circumstance...
by Royer Advisors | Dec 11, 2024 | Court Rulings
Packgen v. Berry Plastics Corp. (Packgen II) In appealing a multimillion-dollar lost profits award, the defendants contended the expert failed to show causation, used an unjustifiably long loss period, and relied on scanty historical data to calculate damages....
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
In re Merge Healthcare Inc., Stockholders Litig. Several decisions in the Delaware Court of Chancery have focused on the use of the business judgment rule to defeat breach of fiduciary duty claims. Under the rule, the court does not second-guess a deal where a...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
Estate of Koons v. Commissioner (Koons II), The 11th Circuit Court of Appeals upheld a 2013 Tax Court ruling involving a revocable trust’s interest in a limited partnership. The valuation turned on the marketability discount. The 11th Circuit opinion shows the Tax...
by Royer Advisors | Dec 11, 2024 | Court Rulings, IRS Regulation
The Affordable Care Act (ACA), enacting in 2010, has been controversial since the start. The latest legal attack raises the question as to whether insurance carriers will continue to be required to issue coverage with individuals no matter their pre-existing medical...
by Royer Advisors | Dec 11, 2024 | Court Rulings, Valuations
r2 Advisors, LLC v. Equitable Oil Purchasing Co. (In re Red Eagle Oil, Inc.) When the distributor of Exxon-branded fuel ran into financial trouble, it agreed to transfer its rights to supply several retail stores to the defendant in exchange for the latter’s...
