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Inadequate ESOP Valuation Vetting Gets Trustee Into Hot Water

Inadequate ESOP Valuation Vetting Gets Trustee Into Hot Water

by Royer Advisors | Dec 11, 2024 | Valuations

Brundle v. Wilmington Trust N.A. The case involved a short-lived ESOP whose structure was unusual in that the sellers—the principal shareholders in a private security firm—agreed to sell 90% of their shares to the ESOP and exchange the remaining 10% for warrants. The...
Expert’s Exclusion Dooms ‘Frozen Market’ Theory and Loss of Value Claims

Expert’s Exclusion Dooms ‘Frozen Market’ Theory and Loss of Value Claims

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

TiVo Research & Analytics, Inc. v. TNS Media Research LLC A damages case involving significant amounts of money began to unravel when the trial court excluded the plaintiff’s expert, saying the damages opinion failed the causation requirement. The plaintiff’s...
Florida Court Rejects Active-Passive Framework in Appreciation Analysis

Florida Court Rejects Active-Passive Framework in Appreciation Analysis

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

Bair v. Bair When appraisers deal with the issue of appreciation of nonmarital property, they often think in terms of “active versus passive.” A Florida divorce case shows that the rigid adoption of this framework may result in an erroneous valuation. Cannot pick and...
Misunderstanding of Facts Results in Overvaluation of Fuel Supply Rights

Misunderstanding of Facts Results in Overvaluation of Fuel Supply Rights

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...
Judicial Appraisal Lacks Valuation Evidence and Gets Dinged on Appeal

Judicial Appraisal Lacks Valuation Evidence and Gets Dinged on Appeal

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

Lally Orange Buick Pontiac GMC, Inc. v. Sandhu Although both sides in a Florida judicial appraisal action offered expert opinions on the value of a car dealership, the trial court used a valuation whose author and methodology were unknown. In rejecting the lower...
Tax Court Valuation of Public Utility Gets Mixed Marks From State High Court

Tax Court Valuation of Public Utility Gets Mixed Marks From State High Court

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

Minn. Energy Res. Corp. v. Commissioner of Revenue, 2016 Minn. LEXIS 715 (Nov. 9, 2016) The Minnesota Supreme Court reviewed a tax court valuation involving a public utility company. The court’s opinion delves into bread-and-butter valuation issues such as how best to...
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Recent Posts

  • 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
  • Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate
  • North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill

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