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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United Airlines, Inc. v. Regional Airports Improvement Corp.
Bankruptcy court errs in applying discount rate and rental rates when valuing improvements to leased airport space under discounted cash flow method.
Enterprise Payment Solutions Inc., et al. v. Soft Tracks Enterprises, Ltd., et al.
In Enterprise Payment Solutions Inc., et al. v. Soft Tracks Enterprises, Ltd., et al., 2005 BCSC 572, decided April 15, 2005, the Supreme Court of British Columbia considered the determination of fair value in this dissenters’ rights action. The plaintiff ...
Perry v. Sackett
In case of voluntary corporate dissolution under judicial supervision, appeals court finds receiver’s minimum bid value was based on correct standard of value (liquidation value) and calculated auction sales price reflected all elements of a going concern ...
Wright v. Wright
Trial court correctly applies 20% "attrition discount" to value of husband's accounting firm when there was credible, non-speculative evidence that the firm would lose customers in the future due to natural attrition.
Hubbard v. Phil’s BBQ of Point Loma, Inc.
Unanimous agreement among three appraisers persuades court to adopt their fair market value for a new restaurant, including deductions for reasonable compensation and rejection of DCF approach.
Questrom v. Federated Dep't Stores
At issue is the determination of incentive compensation.
In the matter of Overbey
Expert persuades court to adopt income approach value of insurance brokerage, when market approach and buy-sell produce artificially inflated values.
Jaswant Dhillon, et al. v. Chevron U.S.A., Inc., et al.
The California Court of Appeals, 1st District, affirmed a damages award for breach of the covenant of good faith and fair dealing in connection with the sale of a gas station.
Scalia v. Farmers National Bank of Danville & Weddle Bros. Const. Co.
Under new processing agreement between DOL and specific ESOP trustee, trustee is bound by strict rules on how to handle controlling-interest acquisitions and indemnification issues; trustee must ensure ESOP plan acquires a series of specified rights before approving payment of a control premium.
Roy Bryan Wonsch, et al. v. Gordon Wonsch, et al.
In Roy Bryan Wonsch, et al. v. Gordon Wonsch, et al., 2005 CanLII 26449 (ON S.C.)(decided July 26, 2005), the Ontario Superior Court of Justice considered whether a controlling group of shareholders in a closely held family run business committed acts of ...
Polar International Brokerage Corp. v. Reeve
At issue is breach of fiduciary duties to shareholders.
Federici v Gursey Schneider & Co
Plaintiff Kathlynn Federici appeals from the judgment and order granting the demurrer of the accountancy firm of Gursey, Schneider & Co. and its employee David Blumenthal 2 (collectively, Gursey).1 Plaintiff alleged that Gursey committed profession ...
Whyte v. C/R Energy Coinvestment II, L.P. (In re SemCrud)
Bankruptcy Court values Chapter 11 debtor on a going concern basis and finds the income approach is best suited to determine solvency at the time of critical financial transactions; the defendants’ expert properly relied on a contemporaneous Goldman Sachs ...
In re Tronox Incorporated
Bankruptcy Court discredits defendant experts’ “self-contained,” market-oriented solvency analysis finding his DCF analysis relied on inflated, “sell-side” company projections and his comparable analyses used insufficiently similar companies and transacti ...
Nestle Holdings v. Commissioner
At issue is the fair market value of Carnation's inventory, trademarks and trade names, unpatented technology, and goodwill and going concern for federal income tax purposes.
Sherwood Invs. Overseas Ltd. v. Royal Bank of Scot. N.V. (In re Sherwood Invs. Overseas Ltd., Inc.)
District court adopts Bankruptcy Court’s finding that expert testimony was inadmissible because the plaintiff’s experts used the wrong method to calculate damages; lost profits were not available where the plaintiff’s business was completely destroyed.
In re UDC Homes
At issue is the approval of compensation and reimbursement of expenses.
Wojdak v. Greater Philadelphia Cablevision, Inc.
Issue was whether ex parte communications with third parties by an arbitrator constituted undue means and invalidated the arbitrator's award.
Abrons v Maree
The controlling stockholder of a company recently emerged from economic challenge seeks to buy out the remaining common stock through a tender offer and short-form merger. The stockholder seeks to preliminarily enjoin the closing of the tender offer ba ...
Richard Hall v. Donald King
The New York Supreme Court, New York County concluded that the fair value of a minority interest in a antique furniture reproduction company for the purposes of a buyout to avoid dissolution under the Business Corporation Law could be determined using the ...
In re the Marriage of Suhasini Narayanswami v. A.N. Narayanswami
The California Court Appeals affirmed the lower court’s finding that separate property stock, which was commingled with community stock, retained its separate property character even though proceeds from sale of the separate stock, after the community sto ...
Cotton v. Expo Power Systems, Inc.
California court holds that statutory fair value appraisal of company in judicial dissolution case must include valuation of pending shareholder derivative claims.
In re Global Technovations, Inc. (II)
Federal district court affirms bankruptcy court’s solvency and “reasonably equivalent value” analysis based on more credible, substantive evidence from debtor’s expert.
Steven Lee Ballas v. Cathy T. Ballas
The Ohio Court of Appeals, 7th District affirmed the valuation of an interest in a cardiology practice. A CPA, who utilized three valuation approaches, established the value. The lower court rejected expert testimony that valued the business solely by ...
Pension Benefits Guaranty Corp. v. CF&I Fabricators (In re: CF&I Fabricators)
Parties disagree as to the method that should be employed to determine the present value of future payments because of two ERISA provisions.