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Hensarling v. Songcharoen
At issue is the value for Songcharoen's stock in the plaintiff and defendant's medical corporation.
Murfreesboro Medical Clinic, P.A. v. Udom
Tennessee Supreme Court prohibits physician non-competes, with limited statutory exceptions ...
Carlson v. Carlson
At issue is the methodology employed by the trial court in determining the value of two marital assets, a ten-acre tract of land and plaintiff's medical practice.
In the Matter of the Dissolution of Jackson Arthritis Clinic and Osteoporosis Center
The Supreme Court of Mississippi reversed a trial court's decision which valued a doctor's 50-percent interest in a medical practice for buyout in this dissolution matter. The lower court accepted a valuation using both the asset and capitalized excess e ...
Ghaly v. Riverside Cmty. Healthplan Med. Grp.
A physician shareholder claimed that the fair market value of his one share (of 75 total shares) was undervalued when the physician practice was merged and sold to NAMM California, a company that develops and manages physician provider networks. NAMM paid $18 million in the merger, and over $12 million of that amount was paid to individual physician shareholders in the form of “transaction bonuses.” The remaining almost $6 million was paid pro rata to the shareholders. The plaintiff appealed the judgment of the California trial court, but the appellate court deemed the transaction bonuses as “just and reasonable” and affirmed the trial court.
In re the Marriage of Stacy Harmon v. Karen Harmon
The California Court of Appeals for the Second District affirmed the determination that a hospital-based emergency room physician had no compensable goodwill under the multifactor Slivka analysis. It rejected the wife’s application of the excess earnings ...
Kuzma v. N. Ariz. Healthcare Corp.
The defendants in this qui tam case asked for summary judgment against the plaintiff Relator, who had alleged violations of the False Claims Act as it related to the sale of Surgery and Rehabilitation Centers by the defendants. Relator brought suit against the defendants, alleging they violated the FCA by overpaying the physician-owners of the Summit Center to reward them for past business and to induce future business in violation of the federal Anti-Kickback Statute. The defendants advanced three arguments in favor of summary judgment: (1) the acquisition price paid for the Summit Center was fair market value; (2) Relator had no evidence that the defendants acted with the requisite scienter; and (3) Relator cannot show a causal link between the alleged kickback and the submission of false claims.
Daniel Wolens v. Deena Ombres Wolens, et al.
The Kentucky Court of Appeals reversed a trial court's valuation of a closely held medical consulting business becuase the apprasier failed to consider the state law requirement that such a business employ a physician.
Spillert v. Spillert
At issue is the valuation of husband's medical practice.
In re the Marriage of Stanley T. Hino v. Christine Schmid
The California Court of Appeals affirmed the trial court’s valuation of goodwill in a medical practice at zero. The goodwill was valued using the capitalization of earnings approach, wherein the husband’s income as of the date of judgment was compared wit ...
Gremillion v. Nashville Gastrointestinal
Court and expert witnesses debate meaning of “book value” of medical practice in buy-sell provision, and whether or not the term is net of liabilities.
Bulloch v. Bulloch
Court says deducting personal goodwill from valuation of physician’s interest in outpatient surgical center is appropriate even if physician was not an employee of center; entity’s income and total value depended on its physician members’ patient base.
Manelick v. Manelick
The primary issue was the valuation of wife's medical practice in Alaska and whether it included goodwill.
United States ex rel. Lutz v. Berkeley Heartlab, Inc.
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
Prairie Eye Center, Ltd. v. Patrick J. Butler, M.D.
The Illinois Court of Appeals, 4th District, considered whether a lost profits award for breach of a non-compete agreement was speculative.
In re the Marraige of Roger I. Ceilley v. Katherine L. Ceilley
The Iowa Court of Appeals considered the valuation of a medical practice. The appellate court affirmed the lower court’s asset approach valuation because it found that medical practices in Des Moines did not include goodwill in the transaction price and t ...
In re Marriage of Hull
One issue in this case was the valuation of goodwill in husband's anesthesiology practice.
Kricsfeld v. Kricsfeld
At issue is the valuation of husband's diagnostic and internal medicine corporation.
Fortier v. Fortier
At issue in this case was the inclusion of goodwill into husband's medical practice.
Mark D. Wojtowicz, M.D. v. Greeley Anesthesia Services, P.C.
The Colorado Court of Appeals concluded that liquidated damages provisions in an anesthesiology practice's noncompete agreement were unenforceable because they were disproportionate to any actual injury. The liquidated damages provisions required the com ...
In re Marriage of Dieterle
One issue in this case was the inclusion of accounts receivable, patient charts and goodwill into the value of husbands medical practice.
Richard A. Sweet v. Janet M. Sweet
The Kentucky Court of Appeals affirmed the valuation of a minority interest in a medical corporation. The interest was valued using the capitalization of excess earnings method. The doctor’s annual compensation was determined using a five-year weighted av ...
Gupta v. Gupta
Trial court appropriately values three rural medical practices and imaging center at $780,000 based on expert testimony that includes marketability discount and excludes professional goodwill.
Prahinski v. Prahinski (II)
One issue in this case was the value of goodwill in a solo law practice.
Mem’l Hermann Health Sys. v. Gomez
In defamation and business disparagement case against former employer, appeals court affirms jury award to cardiovascular surgeon compensating for injury to reputation and lost profits; expert’s before/after analysis was supported by evidence, and expert ruled out other causes for lost business.