U.S. District Court Partially Denies Motion for Summary Judgment Regarding Qui Tam Case on Excess Purchase Price Under the False Claims Act
Kuzma v. N. Ariz. Healthcare Corp This was a case regarding a motion for summary judgment against the plaintiff, Gregory Kuzma, alleging violations of the False Claims Act (FCA) by the defendants, Northern Arizona Healthcare Corp. et al. (NAHC). NAHC acquired the...
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....
Take a Proactive Approach to Thwart Cyber Attacks
The average cost of a data breach has risen to a record high, according to a new study by the independent research firm Ponemon Institute. The study found that the global average cost grew from $4.24 million per incident in 2021 to $4.35 million in 2022, an increase...
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...
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...
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...
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...
North Carolina Appellate Court Reverses Trial Court on Amount of Passive Appreciation in an Investment Account
Asare v. Asare In this marital dissolution appellate case, the appellate court must resolve several issues related to the equitable distribution of the marital estate. On most issues, the appellate court affirmed the trial court. However, the appellate court reversed...
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...
A Louisiana Appeals Court Decides That the Trial Court Abused Its Discretion in Choosing the Method of Determining Damages
Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC This decision of the appeal court of Louisiana took up the alleged damages of the soybean crop and the trial court’s findings on the matter. The appeal court found that the trial court abused its discretion when it chose an...