New York Appellate Court Affirms Award of 20% of Appreciation of Business During Marriage to Wife and Awards Maintenance to Wife
Rigas v. Rigas, 2024 The judgment of the Supreme Court was appealed on this New York divorce case to the New York Court of Appeals. The appeals court affirmed the award of 20% of the during-marriage appreciation of the husband’s business, ARC Electrical &...
Expert’s Testimony Is Excluded as to Solvency—Adjustments to the Balance Sheet of Debtor Were Inappropriate
Wee v. Yangzhou Putian Shoemaking Co. (In re Unimex Corp.), 2024 “An expert’s report on debtor’s insolvency was excluded under Fed. R. Evid. 702 because the expert’s 50 percent discount of inventory value was a flawed assumption given that the debtor was not being...
North Carolina Court of Appeals Affirms Trial Court as to Inclusion of Personal Goodwill
Sneed v. Sneed, 2024 This case concerned the North Carolina appeal of a divorce decree by the trial court. The appellate court affirmed the decisions of the trial court and held that the trial court was within its discretion to accept the business appraiser’s...
U.S. Tax Court Allows a Charitable Contribution Deduction for a Land Easement But Also Applies a Gross Valuation Misstatement Penalty
Buckelew Farm, LLC v. Comm’r, T.C. Memo 2024-52; 2024 The U.S. Tax Court, in this case, allowed a charitable deduction that the IRS had disallowed despite the fact that the conservation purpose was not preserved into perpetuity following a circuit ruling invalidating...
Appellate Court (Michigan) Orders a Second Remand to Value a Tax Loss Carryforward
Correctly Cammenga v. Cammenga, 2024 This case was returned to the Court of Appeals in order for the court “to make necessary factual findings related to the value of a tax loss carryforward, to alleged violations of a status quo order, and to the court’s decision to...
North Dakota Supreme Court Affirms Choice of Wife’s Expert’s Value of Dental Practice
Kemmett v. Kemmett, 2024 The Supreme Court of North Dakota reviewed the decree and decisions of the district court in this divorce action. The supreme court upheld the valuation of certain land as it was not clearly erroneous because it was within the range of...
Appellate Court (Ohio) Affirms Trial Court’s Acceptance of Husband’s Expert’s Value of Marital Business and Rejects Wife’s Expert’s Value
Granada v. Rojas, 2024-Ohio-1272; 2024 Adriana Granada appealed from the final decree following her divorce from Israel Rojas. The appellate court affirmed the decision of the trial court. Factual and procedural history. In November 2020, Rojas filed for divorce...
Indiana Appellate Court Remands to Revalue Wife’s Business Supported by the Evidence
Bergquist v. Bergquist, 2024 Trishia Bergquist (the wife) appealed the Indiana Stueben County Circuit Court’s dissolution decree to the Indiana Court of Appeals. Several issues were raised. This digest covers the issue as to whether the circuit court abused its...
Ohio Court of Appeals Affirms the Value of Husband’s Business Based on ‘the Evidence That Was Actually Before the Trial Court’
In this appeal of a divorce case in Ohio, the appellate court affirmed that the trial court, in having independently determined the value of the husband’s business without having instructed the parties to produce evidence to support the value, did not abuse its discretion. The wife did not dispute the specificities of the trial court’s valuation nor challenge the credibility of the husband’s testimony.
U.S. District Court (California) Denies Plaintiffs’ Motion to Compel Documents in a Case Involving Uber
Boston Ret. Sys. v. Uber Techs., Inc., 2024. The lead plaintiff, Boston Retirement System filed a motion to compel production of unredacted versions of 28 documents nonparty PricewaterhouseCoopers produced. Uber Technologies Inc. asserted that the work product doctrine shielded the redacted portions. The documents were in four categories: impairment assessments, forensic memoranda, emails, and management representation letters. The court ordered Boston Retirement System to provide one example of each category one, two, and four for in camera review. Uber was ordered to provide unredacted copies of all emails at issue.