This appeal in a California court involved a dispute over an appraisal of the plaintiffs’ 15% interest in a grocery store the defendant operated. The plaintiffs alleged that the award of the superior court was obtained by fraud and that the arbitrator prejudiced their rights.
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Redmond v. NCMIC Fin. Corp. (In re Brooke Corp.)
Court credits trustee expert’s analysis of debtor’s balance sheet, finding the expert showed debtor’s practice of immediate recognition of initial franchise fees as revenue violated GAAP and debtor was continuously insolvent; transfers are avoidable.
376599 Alberta Inc. v. Tanshaw Products Inc.
In 376599 Alberta Inc. v. Tanshaw Products Inc., 2005 ABQB 300 (decided June 3, 2005), the Alberta Court of Queen’s Bench determined the amount of the loss a nightclub experience as a result of promotion that resulted in injuries to patrons and negative m ...
Agnelli v. Lennox Miami Corp.
In this lengthy opinion dealing with the fair value of a 12.5% interest the plaintiff held in a Florida hotel holding corporation, the U.S. District Court determined that discounts for minority interest and for marketability are not allowed. The court also determined damages for the breach of contract, or, in the alternative, breach of fiduciary duty, on the part of the plaintiff.
In re PLX Tech. Stockholders Litig.
Chancery says plaintiffs proved directors breached fiduciary duties and duty to disclose but failed to prove damages; court rejects plaintiff expert's DCF analysis, noting problematic projections and beta; “real-world market evidence” shows company was not worth more than deal price.
In re Appraisal of Columbia Pipeline Grp., Inc.
In statutory appraisal action featuring publicly traded company, court relies on deal price for fair value; although flawed, sale process, when compared to process in three key high court decisions endorsing deal price, does not undermine validity of deal price; no adjustment for synergies.
In Re Cellular Tel. P’ship Litig.
In this coordinated action involving 13 partnerships that were involved in freeze-out transactions by AT&T of minority shareholders, AT&T breached its fiduciary duties and effectuated the freeze-out through an unfair process and by paying an unfair price. The freeze-out was subject to the entire fairness standard of review. AT&T bore the burden of proving that the freeze-out was entirely fair to the minority partners. AT&T failed in that proof and thereby sought to capture future value for itself. AT&T did not employ any procedures that insured fairness to the minority partners. The lead partner of the valuation firm had a long-standing relationship with AT&T, and internal AT&T personnel influenced the outcome of the valuation. The court determined the fair value of the interest as a remedy to the situation.
Polaroid Corp. v. Eastman Kodak Co.
Lengthy litigation concerning defendant’s alleged infringement of plaintiff’s patent, including consideration of taxable consequences in award of pre-judgment interest. plaintiff would have had to pay, absent the defendant’s violation.
In re Greater Southeast Community Hospital Corp. (II)
Bankruptcy Court conducts extensive valuation findings of hospital in fraudulent transfer case.
In re Stillwater Mining Co. 2017 0385 JTL
In statutory appraisal of public company, court relies on deal price; presigning sale process was “suboptimal,” but post-signing market check was “effective”; there was an argument for upward adjustment to deal price based on an increase in the company’s value between merger announcement and deal closing.
St. Elizabeth Home Society v. Hamilton (City)
In St. Elizabeth Home Society v. Hamilton (City), 2005 Can LII 46411 (ON S.C.) (decided December 13, 2005), the Ontario Superior Court of Justice considered issues involving the liability and the quantum of damages stemming from allegedly defamatory state ...
Estate of Michael J. Jackson v. Commissioner
Tax Court mostly sides with estate of late superstar in valuing three contested assets; assets had to be valued separately, based on parties’ stipulations, and at death; court says Jackson’s “tattered” image and likeness meant he earned little money apart from his music; court rejects tax affecting.