Court cases added to BVLaw this month

Slater v. Slater, 2010 WL 5356556 (Or. App.)(Dec. 29, 2010)
Oregon court adopts majority rule, finding it improper to predicate the value of a professional practice on a non-compete.  

Experts:  Svendsen (wife); Holmer (husband) 

Judge:  Haselton 

State/Jurisdiction: Oregon

Court: Court of Appeals

Type of case: marital dissolution

Link v. L.S.I., Inc,, 2010 WL 5402970 (S.D.)(Dec. 29, 2010)
Court determines statutory fair value in judiciary buy-out case should include appropriate company-specific risk factors. 

Experts: unnamed

Judge:  Gilbertson

State/Jurisdiction: South Dakota   

Court: Supreme Court

Type of case:  dissenting shareholder

Holiday Medical Center v. Weisman, 2010 WL 5392840 (N.J. Super A.D.)(2010)
Statutory fair value determination does not require a court to consider the tax effects on each and every minority shareholder.

Experts: CBIZ Valuation Group, LLC (court-appointed)

Judge:  Skillman and Gilroy

State/Jurisdiction:   New Jersey

Court: Court of Appeals

Type of case:  Dissenting shareholder

Shewbart v. Shewbart, 2010 WL 5030125 (Ala. Civ. App.)(Dec. 10, 2010)
Court finds that 2x EBITDA multiple is not too low for restaurant valuation, due to 2008 economic downturn and long hours by husband, a solo proprietor.

Experts: Carter Norvell (wife)

Judge:  Moore

State/Jurisdiction: Alabama   

Court: Court of Appeals

Type of case:  marital dissolution

Alamar Ranch, LLC v. County of Boise, 2010 WL 5055917 (D.Idaho)(Dec. 3, 2010)
Federal Court confirms that the Butler-Pinkerton Calculator passes the Daubert standard.  

Experts: Charles Wilhoite (plaintiffs); Peter Butler (defendants)

Judge:  Winmill

State/Jurisdiction: federal/Idaho   

Court: U.S. District Court, Idaho

Type of case:  lost profits

Uniloc USA, Inc. v. Microsoft Corp., 2011 WL 9738 (C.A.Fed. (R.I.)) (Jan. 4, 2011)
Federal Circuit abolishes use of 25% rule of thumb in calculation of reasonable royalty rate for patent infringement cases. 

Experts: Joseph Gemini (plaintiff)

Judge:  Linn

State/Jurisdiction:   Federal

Court: U.S. Court of Appeals for the Federal Circuit

Golden Telecom, Inc. v. Global GT LP, 2010 WL 5387589 (Del. Supr.)(Dec. 29, 2010)
Delaware Supreme Court declines to adopt a “bright line” rule requiring appraisal authorities to defer to the merger price in determining statutory fair value. 

Experts: [unnamed]

Judge:  Steele

State/Jurisdiction: Delaware   

Court: Supreme Court

Type of case:  dissenting shareholder

Precision Fitness Equipment of Pompano Beach, Inc. v. Nautilus, Inc., 2010 WL 5349652 (D. Colo.)(Dec. 20, 2010)
Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.

Experts: Steve Mize

Judge:  Mix

State/Jurisdiction: federal/Colorado   

Court: U.S. district court

Type of case:  contract

In re Marriage of Cantarella, 2011 WL 86284 (Ca. App. 4 Dist.)(Jan. 11, 2011)(unpublished)
Court rejects accountant’s preliminary valuation as lacking sufficient financial support to evidence value of marital business.

Experts: Wayne Lorch (wife)

Judge:  Ikola

State/Jurisdiction:   California

Court: Court of Appeals

Type of case:  marital dissolution