Case law matters! Here’s a sampling of noteworthy recent case discussions available to BVLaw subscribers:
Wright v. Phillips, 2017 Del. Ch. LEXIS 857 (Dec. 21, 2017)
In fair value determination analogous to statutory appraisal valuation, Chancery says companies’ S corp status “has discrete value applicable here,” as captured in expert’s use of 14.5% tax rate (as opposed to 31%); court approves marketability discount.
Radiologix, Inc. v. Radiology & Nuclear Medicine, LLC, 2018 U.S. Dist. LEXIS 1450 (Jan. 4, 2018)
Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.
Hornberger v. Dave Gutelius Excavating, Inc., 2017 Pa. Super. LEXIS 1044 (Dec. 15, 2017)
Valuation of shares of terminated stockholder based on shareholder agreement that requires calculation of adjusted net book value and specified adjustments may include discounts, where discounts are consistent with industry practice, appellate court says.
For a discussion of Hornberger and a host of other noteworthy recent cases, tune into BVLaw Case Update, March 27, featuring Jim Alerding (Alerding Consulting, LLC) and BVR’s legal editor, Sylvia Golden.