Idaho Supreme Court Affirms Magistrate Judge’s Opinion Regarding Personal Goodwill
Lamm v. Preston, 2023 This was a tip of the iceberg Idaho Supreme Court decision on a very complex divorce case. This particular decision related to the magistrate court’s order, upheld by the district court, as to the fair market value of one of the parties’...
U.S. District Court in California Grants in Part and Denies in Part Motions of Dismissal by Company Against Blockchain Researcher
Zamfir v CasperLabs, LLC The defendant, Casper Labs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from plaintiff Vlad Zamfir’s second amended complaint. The actions dealt primarily with trademark...
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),...
U.S. District Court Decides Some Issues for Government and Some for Defendants But Very Little in Damages in an ERISA ESOP Case
Walsh v. Preston, 2022 Background. On Dec. 30, 2014, the plaintiff, Walsh (Secretary of Labor), filed this action pursuant to ERISA against the defendants. The complaint alleged the following: (1) breach of fiduciary duties; (2) engaging in prohibited transactions;...
Taxpayer Is Denied Charitable Deduction for a Conservation Easement, and Gross Valuation Misstatement Penalties Are Applied
Brooks v. Comm’r The IRS (respondent) issued a notice of deficiency to Kenneth M. Brooks and Anita Wolke Brooks (petitioners) in which the respondent disallowed carryover charitable contribution deductions relating to the petitioners’ interest in the Kenneth Brooks...
Tennessee Appeals Court Affirms Trial Court Decision on Spousal Support and on the Value of Husband’s Medical Practice
Chase v. Chase, 2022 On appeal, the husband asked the court to review whether the wife needed alimony given the assets she otherwise received in the equitable distribution and her earning capacity as a pharmacist, whether an award of rehabilitative alimony and alimony...
Delaware Court Grants in Some Cases and Denies in Others Motions to Exclude Expert Witnesses and Certain Evidence to be Presented
LCT Capital, LLC v. NGL Energy Partners LP This case dealt with motions related to an ongoing case in the court. The court offered both orders and opinions to resolve the issues at hand. The plaintiff had a Daubert motion to exclude the opinions of the defendant’s...
U.S. District Court Partially Excludes Witness in Securities Value Case and Allows Rebuttal Witness
In re Navidea Biopharmaceuticals Litig. A pharmaceuticals company, Navidea, sued its former CEO, Michael Goldberg, for, among other things, breach of contract and for a declaratory judgment establishing the contractual rights and obligations of the parties. These...
New York Appellate Court Affirms Award of Value of Husband’s Class B Units in Lieu of Actual Distribution of Share of Units to the Wife
Lieberman-Massoni v. Massoni, 2023 In this New York appellate court case, the appellate court affirms the trial court’s divorce opinion that the awarding of a percentage of the value of the husband’s B-unit shares rather than awarding the shares themselves was proper...
Appellate Court Affirms Use of the ‘Blue Sky Method,’ a Rule of Thumb, to Value a Minority Interest in an Oppression Case
Buckley v. Carlock This Tennessee decision was a case of shareholder oppression that had been appealed. The disposition of the appellate court in this matter was to affirm the decisions of the Chancery Court. The primary issue in this matter was whether the Chancery...