Corporate Wrongdoing Plays Role in Corporate Valuation, If Adverse Impact Shown
Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.
In the Matter of Markman
Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.
Bullet Land, Inc. v. Thal
Buy-sell agreement is not an enforceable arbitration clause, unless the agreement is specific on this point.
Do Minority Discount and DLOM Apply in ‘Fair Value’ Analysis?
Are discounts for lack of control and marketability appropriate in a “fair value” analysis, i.e., in the context of withdrawing limited partners (and, by analogy, dissenting shareholders)?
Wilbur K. Warnick v. Randall M. Warnick
The Wyoming Supreme Court determined that the hypothetical costs of selling a partnership’s assets could not be deducted from the value of the partnership when determining the value of a disassociated partner’s interest under Wyoming’s Revised Uniform Par ...
Hypothetical Selling Costs Are Not Deductible When Determining the Value of a Disassociated Partner’s Interest
The Wyoming Supreme Court considered whether the hypothetical costs of selling a partnership's assets could be deducted from the value of the partnership when determining the value of a disassociated partner's interest under Wyoming's Revised Uniform Partnership Act, W.S. § 17-21-701(b).
East Park Ltd. Partnership v. Larkin, et al.
Court considers whether discounts for lack of marketability and control apply to “fair value” analysis ...
Nebraska Supreme Court Allows Goodwill as an Asset in a Professional Corporation
One issue in this corporate dissolution case was the inclusion of goodwill in the value of the corporation.
Going-Concern Premise Is the Way to Value Interest of Wrongfully Departing Minority Partner Where Business Continues to Term
William Anastos, a partner in a real estate firm, sought dissolution of the partnership in contravention of the partnership agreement.
Tax Appraisals Not Enough in Alaskan Partnership Dissolution
The trial court in this partnership dissolution case approved the remedy of a buyout of one of the partnership's interest.
Purchase Price May Be Stated as a Formula When Electing to Purchase Closely Held Stock to Avoid Corporate Dissolution
The Illinois Court of Appeals, 5th District, concluded that a shareholder in a private company seeking to avoid dissolution under section 12.56 of the Business Corporation Act of 1983 (Act) (805 ILCS5/12.56 (West 2002)) by making an election to repurchase the shares under 12.56 (f) may state the repurchase price as a formula or as a dollar amount.
Christina C. Midkuff, M.D. v. Tina M.F. Gingrich, M.D., et al.
The Illinois Court of Appeals, Fifth District concluded that a shareholder in a private company seeking to avoid dissolution under section 12.56 of the Business Corporation Act of 1983 (Act) (805 ILCS5/12.56 (West 2002)) by making an election to repurchas ...
Goodwill May Be Included in the Value of a Professional Practice When It Is Valued to Avoid Dissolution
The Nebraska Supreme Court reversed the Court of Appeals and held that the goodwill of a professional practice may be included as an asset when valuing a professional practice for the purposes of a judicial buyout to avoid dissolution of the practice.
Detter v. Miracle Hills Animal Hospital PC (III)
The Nebraska Supreme Court reversed the Court of Appeals and held that the goodwill of a professional practice may be included as an asset when valuing a professional practice for the purposes of a judicial buyout to avoid dissolution of the practice. It ...
Detter v. Miracle Hills Animal Hospital PC (II)
One issue in this corporate dissolution case was the inclusion of goodwill in the value of the corporation.
Anastos v. Sable
William Anastos, a partner in a real estate firm, sought dissolution of the partnership in contravention of the partnership agreement.
Disotell v. Stiltner
The trial court in this partnership dissolution case approved the remedy of a buyout of one of the partnership’s interest.
Limited Accounting Ruled Inadequate
One of the issues in this case was whether the trial court correctly valued a partnership interest.
Williams v. Gaines
At issue is evidence for the fair value of one-half of Gaines Insultation stock.
Court Denies Lack of Marketability Discount in Fair Value Case
The issue in this minority oppression case concerning Chicago Metallic Corp. was the application of a marketability discount in determining fair value.
Robert A. Franchino v. Richard Franchino
The Michigan Court of Appeals determined that a shareholder in a closely held company could not recover under the oppression statute, MCL 450.1489, when he is removed from the board of directors and fired from the company because the action did not affect ...
Michigan Does Not Recognize Continued Employment or Board Membership as Closely Held Shareholders’ Rights
The Michigan Court of Appeals determined that a shareholder in a closely held company could not recover under the oppression statute, MCL 450.1489, when he is removed from the board of directors and fired from the company.
Goodwill not an asset in Nebraska professional corporations
One issue in this corporate dissolution case was the inclusion of goodwill in the value of the corporation.
Pankratz Farms v. Pankratz
At issue is breach of partnership agreement between partners and shareholders in a family farming and ranching operation.
Former Partner Must Compensate for Goodwill Attached to Ongoing Business at Same Location
The issue in this partnership dissolution was the division and valuation of goodwill in a barbershop.