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...
New York Court Allows Enforcement of Under-Market-Value Buy-Sell and Approves At-Will Termination of Shareholder-Employees
Laurilliard v. McNamee Lochner, P.C. Plaintiffs Kevin Laurilliard and Paul Pastore brought this commercial action against the law firm McNamee Lochner PC as well as nine individuals alleged to be “majority shareholders” of the firm. The defendants moved for dismissal...
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 Appeals Panel Affirms Confirmation of Chapter 11 Plan Despite Objection of Largest Unsecured Creditor
Albaad USA, Inc. v. GPMI, Co. (In re GPMI, Co.), Bankr This case involved an appeal by a creditor in a bankruptcy case that objected to the approval by the Bankruptcy Court of the debtor’s (GPMI) Chapter 11 plan. Finding no error, the Bankruptcy Appeals Panel (BAP)...
U.S. District Court Overturns Jury Award for Consequential Damages
Nevada Appellate Court Affirms Value of Husband’s Business and His Separate Property Value in the Business
Mamone v. Mamone, 2023 Shane Mamone appealed from a district court order in a domestic matter. Shane incorporated his own construction company, SCM, in Las Vegas. He put forth significant effort to grow SCM, including making trips to Asia where he was able to obtain...
Appellate Court Affirms Value of Businesses and Tax Liability Issue
Pemberton v. Pemberton, 2023 Minn. App. Unpub. LEXIS 485; 2023 This is an appeal of the district court’s decree in a complex Minnesota divorce case. While a number of issues were appealed to and decided by the appellate court in this case, including spousal...
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. 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 (Colorado) Rules on Motions to Exclude Testimony of Expert Witnesses
City of Fort Collins v. Open Int’l, LLC, 2023 Before the U.S. District Court—Colorado are five motions to exclude certain witnesses by both parties. Facts “This is a breach-of-contract case arising from Defendants’ alleged failure to deliver Open SmartFlex (OSF),...