The Royer Report
New Hampshire Supreme Court Affirms in Part and Vacates in Part and Remands Divorce Trial Court—Husband Fails to Provide Support for Expenses
In re Hebert, 2024 The New Hampshire Supreme Court, in this divorce case appeal, vacated the trial court’s property division and alimony awards but affirmed the trial court’s findings regarding the value of the husband’s business, Microelectrodes Inc., the value of...
Bankruptcy Court Determines Fair Value Under Asset Approach With ‘Limited Evidence’ Available to It
Herremans v. Fedo (In re Herremans), 2023 This case in Bankruptcy Court involved a court determination of the fair value of a 50% interest in a Ponderosa restaurant in Michigan. The two 50% owners who founded the restaurant 27 years ago had a falling out and set about...
Bankruptcy Court Decides on Debtor Qualification as a ‘Small Business’ Under Chapter 11
In re Hillman, 2023 In this bankruptcy, ULM challenged the filing by the debtor, Michelle Corbin Hillman, that “the Debtor is ineligible to elect to proceed with her case under Subchapter V of Chapter 11 … because she is not a ‘person engaged in commercial or...
Rhode Island Supreme Court Affirms Value of Interest in Medical Practice Per Shareholder Agreement and Equitable Distribution of Assets in a Divorce Case
Cronan v. Cronan, 2024 In this Supreme Court of Rhode Island appeal of a divorce case decision from the family court, the supreme court, among other decisions, held that the marital estate was properly distributed, the husband’s interest in the medical imaging...
Bankruptcy Appellate Panel Denies Employee Members of ESOP Claims Against Debtors
Bennetti v. Oxford Restructuring Advisors LLC 2023 The Bankruptcy Court did not err in disallowing claims against debtors based on rights in an ESOP. The ESOP, an S corporation, was only obligated to provide ESOP members with the right to have distributions in cash....
U.S. District Court Excludes Expert’s Testimony on Critique of Plaintiffs’ Damages but Allows Same Expert Testimony on His Damages Calculation
Rieves v. Town of Smyrna, 2024 Before the court in this economic damages case was the plaintiffs’ motion to exclude the testimony of the defendants’ retained expert, Robert Vance, CPA. The defendants sought to have Vance testify as an expert regarding the calculation...
U.S. Appellate Court Affirms Witness’s Exclusion Under Rule 702—Cites New Rule 702 but Follows Abrogated Precedent Instead
Rodriguez v. Hosp. San Cristobal, Inc., 2024 (Editor’s note: This is the first reported appellate decision to cite the new Rule 702 amendments effective Dec. 1, 2023. While the appellate court noted the changes, it also cited outdated but familiar precedents. For a...
U.S. District Court Overturns Jury Award for Consequential Damages
Endless River Techs. LLC v. Trans Union LLC, 2023 The parties had entered into a development agreement and contract for services for “the joint development and commercialization of a method for providing insurers on-line, real time comparison price quotes to...
U.S. District Court Overturns Jury Award for Consequential Damages
Illinois Appellate Court Affirms Valuation of Marital Business
In re Rozdolsky, 2024 In this complex Illinois divorce case, the appellate court wrestled with nine items of appeal from the husband. Included was an appeal by the husband of the value the trial court determined of the husband’s business, Harbortown Industries Inc....