Walsh v. Vinoskey

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Full Text of Court Cases
December 6, 2021
2086 Bottled and Canned Soft Drinks and Carbonated Waters
312111 Soft Drink Manufacturing
ESOP valuations
calculating damages, damages, appraisal, calculation of value, evidence, fair market value (FMV), fiduciary duty

Walsh v. Vinoskey
2021 U.S. App. LEXIS 35952
US
Federal Court
4th Circuit
United States Court of Appeals
Niemeyer, Diaz, and Quattlebaum

Summary

This case covered the appellate decisions regarding the well-publicized Vinoskey ESOP case. The appellate court affirmed the district court in deciding that the company owner had extensive knowledge about the company and its prior valuations, and thus it was plausible to infer that “something was off.” There was no clear error in the district court finding that the owner violated ERISA. The appellate court also allowed an offset to damages for the debt the owner forgave.
Walsh v. Vinoskey
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See Also

Court Affirms Violation of ERISA but Allows Offset of Debt Forgiveness in Determining Damages

This case covered the appellate decisions regarding the well-publicized Vinoskey ESOP case. The appellate court affirmed the district court in deciding that the company owner had extensive knowledge about the company and its prior valuations, and thus it was plausible to infer that “something was off.” There was no clear error in the district court finding that the owner violated ERISA. The appellate court also allowed an offset to damages for the debt the owner forgave.

This article also appears in:
Business Valuation UpdateVol. 28 No. 2