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Overstated’ Projections Sink Plaintiff’s Fair Value Determination

Overstated’ Projections Sink Plaintiff’s Fair Value Determination

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

Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of...
Asset-Based Appraisal Unsuitable for Fair Value Determination, Court Says

Asset-Based Appraisal Unsuitable for Fair Value Determination, Court Says

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...
Synergy Deduction Purely Academic in New Delaware Appraisal Ruling

Synergy Deduction Purely Academic in New Delaware Appraisal Ruling

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

In re Panera Bread Company In a statutory appraisal case that involved the sale of a publicly traded company to a privately held entity, the Delaware Court of Chancery recently decided the deal price was a reliable indicator of fair value and a downward adjustment for...
Court Finds Delayed Disclosure of Expert’s Complete Report ‘Substantially Justified’

Court Finds Delayed Disclosure of Expert’s Complete Report ‘Substantially Justified’

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

Wright v. Old Gringo, Inc. In this discovery dispute, the defendants sought to exclude the plaintiff expert’s valuation report, arguing it was untimely and the late disclosure would hurt the defendants. In rejecting the defense motion, the court noted any delay was...
North Carolina Court Looks to Deal Price for Fair Value in Tobacco Merger

North Carolina Court Looks to Deal Price for Fair Value in Tobacco Merger

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

Reynolds American Inc. v. Third Motion Equities Master Fund Ltd. The importance of Delaware appraisal jurisprudence beyond state borders was on display in a recent fair value decision out of North Carolina related to a merger involving the tobacco giant Reynolds....
Financial Expert Testimony Persuades Court to Order Inspection of Company Records

Financial Expert Testimony Persuades Court to Order Inspection of Company Records

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

Helen Ziegler Benjamin v. Island Management In a family dispute involving an irrevocable trust and several related closely held companies, the plaintiff trustees alleged a management company managed by certain family members was involved in misconduct. A discovery...
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Recent Posts

  • A New Maine Tax Law Could Reduce Your Federal Tax Bill — Here’s What You Need to Know
  • U.S. Supreme Court Affirms Inclusion of Corporate-Owned Life Insurance in Value of Company for Estate Tax Purposes
  • Massachusetts Appellate Court Finds Double and Maybe Triple Dipping and Reverses and Remands
  • Iowa Appellate Court Affirms Date of Value and Value of Farming Operation in Shareholder Oppression Suit
  • New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife

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