North Dakota Supreme Court Affirms Valuation Date and Affirms No Deduction for Taxes in Determining Value of Stock
Sproule v Johnson In a direct appeal from the district court in North Dakota to the Supreme Court in North Dakota, the Supreme Court affirmed the decision of the district court to dissolve a partnership; a buyout of the plaintiffs’ indirect interest in a Canadian...
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....
In Appraisal Action, Court Determines Fair Value Using Deal Price Minus Synergies and Adjusting for Increase in Value from Signing to Closing of Merger
In re Appraisal of Regal Entertainment Group Summary. In a merger action involving a publicly traded company, dissenting shareholders sued for a higher value than the deal consideration. Under the applicable appraisal jurisprudence, the court determined fair value...
The Tennessee Appeals Court Affirms the Trial Court’s Decision to Exclude From the Marital Estate Financial Advisor the Husband’s ‘Book of Business’
Hollis v. Hollis, 2022 Tenn. App. In this case, the Tennessee Court of Appeals affirmed the trial court's judgment that the husband’s “book of business” as a financial advisor for UBS was not a marital asset. “[T]he trial court properly identified and applied the most...
Maryland Appellate Court Remands for Valuation of Withdrawing Member’s Interest in Law firm and Affirms Damages Award
Furrer v. Siegel & Rouhana, LLC David Furrer, a partner in Siegel, Tully, Rouhana & Tully LLC, withdrew as a member after having his license suspended. A dispute arose as to the value of his 26.5% interest in the LLC. He sued the firm for compensation for his...
Watch Out for Scam Charities
Have you been contacted by a charity that pulls on your heartstrings and persuades you to open your wallet? There is a multitude of reputable charities doing good deeds and supporting worthy causes. But be aware of a proliferation of scam charities designed to...
Virginia Divorce Matter Results in the Court ‘Splitting the Baby’ to Value a 20% Interest in an S Corp. Medical Practice the Husband Owned
Hester v. Hester, 2022 Va. Cir. Several issues were decided in this Virginia divorce case. Still, we focus on only two topics relevant to business valuation and equitable distribution: (1) the valuation of the husband’s 20% interest in an S corporation; and (2) the...
Michigan Court of Appeals Affirms Modified-Liquidation Value in a Shareholder Deadlock Litigation
Pitsch v Pitsch Holding Co. In this shareholder deadlock case, the Michigan Court of Appeals affirmed the decisions of the trial court to order a sale of the plaintiffs’ shares of Pitsch Holding Co. (PHC) to the defendants and to determine the price of the shares at a...
Bankruptcy Court Sides With Trustee—Disallows (Fraudulent) Transfers
Stone v. Citizens Equity First Credit Union The trustee for the International Supply Co. (ISCO) asked the bankruptcy court to avoid and recover prepetition fraudulent transfers made to Citizens Equity First Credit Union (CEFCU). The bankruptcy court determined that...
Louisiana Court of Appeals Disallows a Discount for Trapped-In Capital Gains Taxes and a Reduction in Receivables for Collectability
ShopRite, Inc. v. Gardiner The Court of Appeals was asked to review the trial court’s determinations of fair value for the shares of stock of a withdrawing shareholder. Shawne Gardiner was a withdrawing shareholder in ShopRite Inc. (3.8% interest) and Tobacco Plus...