No Marketability Discount in New Jersey Dissenters' Rights Case

Business Valuation Update BVLaw
Legal and Court Case Update
July 14, 1999
3229 Pressed and Blown Glass and Glassware, NEC
327212 Other Pressed and Blown Glass and Glassware Manufacturing
shareholder dissent/oppression

Lawson Mardon Wheaton, Inc. v. Smith (I)
160 N.J. 383, 734 A.2d 738, 1999 N.J. LEXIS 835
State Court
New Jersey
Supreme Court
George Weiksner (for plaintiff) <br> Mark Lee (for defendant)


The primary issue before the New Jersey Supreme Court in this dissenters' appraisal rights case, decided the same day as Balsamides v. Protameen Chemicals Inc., is whether a marketability discount should be applied in determining the fair value of the dissenters' shares of Lawson Mardon Wheaton Inc. (Wheaton).

See Also

Lawson Mardon Wheaton, Inc. v. Smith (I)

At issue is how a court in a statutory appraisal action should determine the "fair value" of the shares of stock held by dissenting shareholders in a family-held corporation.