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, 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...
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...
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...
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...
