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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Horn v. McQueen
The issue in this case was whether the defendants breached their fiduciary duties to the USCC Employee Stock Ownership Plan (ESOP) participants.
United States v. Schiff
Comprehensive expert evidence, including statistical event study, required for government to prove causation in criminal securities fraud case.
Alberts v. HCA, Inc.
District court affirms bankruptcy court’s valuation of hospital under income approach and finds its treating a $20.6 million capital transfer as surplus rather than a necessary asset for operations is not double counting and is reasonable under the facts ...
Kinbauri Gold Corporation v. Iamgold International African Mining Gold Corporation
In Kinbauri Gold Corporation v. Iamgold International African Mining Gold Corporation, 2004 ONCA 11483 (decided November 10, 2004), the Ontario Court of Appeal considered a damage award in this breach of contract action. In 1990, Kinbauri was a Canadian m ...
United States v. Barnette
902 F. Supp. 1522 (M.D. Fla. Aug. 18, 1995), Judge Moore, appeal dismissed, 129 F.3d 1179 (11th Cir. Nov. 20, 1997). Judge Edmondson.
Colvin v. Syrian Arab Republic
In wrongful death suit arising from extrajudicial killing of famed war correspondent, court credits plaintiff expert’s “reasonable estimate” of loss of prospective income and benefits but finds expert failed to offset amount by consumption costs; court asks for updated expert report.
Patricia Holmes v. Sandra Kruger Lerner, et al.
The California Court of Appeal, 1st Appellate District, Division I, affirmed the jury's award of damages in this breach of oral partnership matter. The measure of damage in this action was one-half the value of the partnership on the date of the breach ...
Coastal Aviation v. Commander Aircraft
In this case, the plaintiff seeks damages arising out of an alleged breach of a contract for Coastal's exclusive dealership rights to sell Commander airplanes.
Kaminsky v. Herrick Feinstein LLP
New York court decides appropriate measure for failure to deliver stock options on brink of IPO is date of breach.
In re Med Diversified, Inc. (II)
Bankruptcy court excludes expert business valuation report for “pervasive bias,” but also reveals possible bias against BV profession as a whole.
Michael Viner, et al. v. Charles A. Sweet, et al.
The California Court of Appeal, Second District considered whether the lower court appropriately admitted Viner’s economic expert in this legal malpractice case arising from a business sale. The expert was an accountant and appraiser, but did not have exp ...
Harvey v. Harvey (In re Michael S.)
In this divorce case, on appeal, the California appellate court rejected a discount for taxes not immediate and specific and allowed a DLOM regarding the value of the wife’s one-half interest in the jointly owned business. The court also determined that “the [trial] court impliedly made the factual findings necessary to support its ruling regarding Cynthia’s breach of fiduciary duty claim.” Finally, the appeals court determined that the trial court had the authority to set its own terms for payment of the equalization amount to the wife.
Bank One v. Commissioner
Petitioner sought review of tax deficiency assessment based on taxpayer's use of financial derivatives to manage financial risk. Discussion of fair market value.
Alkayali v. Boukhari
Appeals court upholds valuation of plaintiff’s interest in dissolved company and jury award; plaintiff expert’s analysis of sales transactions of comparable companies was admissible; Pratt’s Stats/DealStats database provided a reliable basis for expert to identify relevant sales, court says.
Crystal Semiconductor Corporation v. Tritech Microelectronics International, Inc.
The United States Court of Appeals for the Federal Circuit reversed in part and affirmed in part the lower court’s award of lost profits in this patent infringement case. The jury awarded lost profits based on the market segmentation theory of damages whi ...
In re Trulia Stockholder Litig.
In stockholder class action, Chancery declines to approve settlement that requires plaintiffs to agree to broad release of claims in exchange for additional valuation-related information, finding it fails to meet applicable “fair and reasonable” standard.
Burtch v. Opus, LLC (In re Opus East, LLC) (II)
In Chapter 7 case, district court upholds Bankruptcy Court’s insolvency determination, which was a predicate to many of trustee’s claims; reviewing court says evidence supports use of going-concern valuation and rejection of liquidation discount.
Smith v. Van Gorkom
At issue is breach of fiduciary duty to stockholders.
Michael T. Willis, et al. v. Dan Donnelly
The Texas Court of Appeals for the Fourteenth District valued stock in a spa in this breach of contract and fiduciary duty case. The parties’ contract required that stock in the spa be valued as the greater of the asset value or two years’ earnings. On ...
Southwire Co. v. JP Morgan Chase & Co.
Court permits antitrust claims to proceed to trial, based largely on plaintiffs’ econometric model and other expert proof of damages.
In re Chemtura Corp. (II)
Bankruptcy court finds that the discount rate related to a contract damages claim should incorporate the risk factors present at the time of contract execution, making risk-free rate inappropriate.
Envirodrive Inc. v. 836442 Alberta Ltd
In Envirodrive Inc. v. 836442 Alberta Ltd., 2005 ABQB 446 (decided June 21, 2005), the Alberta Court of Queen’s Bench considered whether the business of Envirodrive Inc. was conducted in an oppressive manner within the meaning of the Alberta Business Corp ...
Wendy Lee Kuderewko v. Andrew Roman Kuderewko
In Wendy Lee Kuderewko v. Andrew Roman Kuderewko, 2006 SKQB 502 (November 21, 2006), the Saskatchewan Court of Queen’s Bench determined the value of an ongoing business using a liquidation approach when the parties failed to present any valuation evidenc ...
Ronald D. Wells v. Joanne Smith Young
In Ronald D. Wells v. Joanne Smith Young, 2007 NLCA 23 (March 22, 2007), the Court of Appeals of Newfoundland and Labrador considered whether a discount rate of 2.5% could be used to compute the present value of future lost earnings when no expert testimo ...
In re Marriage of Hashemian
California approves excess earnings and “formula” approach to valuing atypical life insurance firm, based on industry compensation and revenue data.