May Buy-Sell Appraiser Modify an Opinion After Submitting a Report?
Trial court holds that an appraiser who submits a second report to correct for errors, omissions in the original is nevertheless “bound” by the original appraisal.
What Makes Buy-Sell Provision on Book Value ‘Too Vague to Cure’
Court finds partnership buyout provision on book value "too vague to cure."
Chapman v. The Westerner
Trial court holds that an appraiser who submits a second report to correct for errors, omissions in the original is nevertheless “bound” by the original appraisal.
Blair v. McDonagh
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO KEVIN BLAIR, Plaintiff-Appellant, vs. PAT MCDONAGH, Defendant-Appellee, and CLADDAGH DEVELOPMENT GROUP, LLC, Defendant. : : : : : : : : APPEAL NO. C-070238 TRIAL NO. A-0507816 D E C I S I O N. Civil Appeal From: Hamilton County Court of Common Pleas Judgment Appealed From Is: Affirmed in Part, Reversed in Part, and Cause Remanded Date of Judgment Entry on ...
Ehlinger v. Hauser (I)
Court finds partnership buyout provision on book value ‘too vague to cure.’
The Importance of Buy-Sell Agreements: Two Cases Spell Out What Can Go Wrong
Buy-sell agreement unenforceable unless written, and stock purchase agreement does not suffice.
Fausak’s Tire Center, Inc. v. Blanchard
Buy-sell agreement unenforceable unless written, and stock purchase agreement does not suffice.
Damages for Excessive Officer Compensation Duplicative When Valuation Accounts for Both
Comprehensive valuation precludes damages award for excessive officer compensation and distributions.
Wells v. C.J. Mahan Construction Co., et al.
Comprehensive valuation precludes damages award for excessive officer compensation and distributions.
Jacquelin Powell v. Richard Anderson
The Minnesota Court of Appeals concluded that a buy-sell agreement executed between the parties established the purchase price of the stock for a buyout ordered by the court as an oppression remedy. The court noted that the price for stock in a court orde ...
Buy-Sell Agreement Fixes Price for Court-Ordered Buyout
The Minnesota Court of Appeals concluded that a buy-sell agreement executed between the parties established the purchase price of the stock for a buyout the court ordered as an oppression remedy.
No Appraisers Needed Where Buy-Sell Agreement Specifies Board Determines FMV of Shares
The Stock Repurchase Agreement of Staffing Industry Analysts Inc. (SIA) required that, upon termination of employment, an employee shareholder would have to sell (and the company to buy) all the shares she then owned.
Appropriateness of Accounting Principles and Valuation Must Go to Trial
One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.
Federal Court’s Declaring Valuation Date and Methodology Does Not Interfere With State Probate
The issue in this case was whether a federal district court could issue a declaratory judgment deciding the meaning of the agreement without interfering with state probate proceedings, and thereby negating federal subject matter jurisdiction.
Life Insurance Proceeds Are Not Included in the Valuation when Intent Was to Fund Buyout
The Connecticut Court of Appeals considered whether the insurance proceeds a corporate entity received to partially fund the repurchase price of stock subject to a buy-sell agreement should be included in the value of that company for purposes of the buyout transaction.
Charlotte Russell, et al. v. Howard Russell, Sr.
The Connecticut Court of Appeals considered whether the insurance proceeds received by a corporate entity to partially fund the repurchase price of stock subject to a buy-sell agreement should be included in the value of that company for purposes of the b ...
Daly v. Yessne
The Stock Repurchase Agreement of Staffing Industry Analysts, Inc. (SIA), required that upon termination of employment, an employee shareholder would have to sell (and the company to buy) all the shares she then owned.
K-O Enterprises, Inc. v. O'Brien
One of the issues in this shareholder dispute was whether stock was correctly valued pursuant to a stock purchase agreement.