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...
Value of Husband’s Business Affirmed Based on Trial Judge’s Reasonable Discretion
In re Marriage of Bainbridge, 2023 In this case, Troy Bainbridge appealed the decree dissolving his marriage to Amanda Bainbridge. The appellate court did not err in its award of spousal support and determined that the value of the husband’s company was proper...
Connecticut Court Determines Fair Value of 50% Interest in Commercial Real Estate Holding Company—Parties Could Not Agree on Value
Buccieri v. New Hope Realty, Inc. This case arose out of a dispute between the surviving family and a trustee of the founders of New Hope Realty Inc. The parties could not agree on the management and operations of New Hope Realty. On July 7, 2020, a dissolution...
Louisiana Appeals Court Affirms Trial Court That Husband’s Business Is Not a Professional Business and Has Value Other Than Personal Goodwill of Husband
Thomasee v. Thomasee The Louisiana appellate court affirmed the decision of the Trial Court in a divorce case that included the value of the husband’s business in the marital estate as community property. The husband argued that the FEMA adjuster business is a...
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),...
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...
Despite Rejection of Franchise Agreements in Bankruptcy, Debtor Remained Obligated Under Franchise Covenants Not to Compete
EllDan Corp. v. Steele (In re EllDan Corp.), 2023 The debtor, EllDan Corp., and Kevin Steele, the plaintiffs, contended that the covenants not to compete contained in franchise agreements between the debtor and the franchise, Fantastic Sams Franchise Corp., were...
Plaintiff’s Expert Waives Work Product Protection
Dentists Ins. Co. v. Yousefian The central issue, in this case, was the defendant’s claim for business property damages to tenant improvements in his former orthodontics suite. The parties disagreed over the definition of “tenant improvements” that the policy covered....
On Remand, the Tax Court Determines the Value of a Conservation Easement From a Golf Course
Champions Retreat Golf Founders, LLC v. Comm’r, T.C. The Tax Court, on remand from the 11th Circuit, which decided that the taxpayer was entitled to a charitable donation for a donation of a conservation easement, valued that interest to determine the amount of the...