Jahn v. Kinderman
The issue in this case was discounts under minority oppression statutes.
Lack of Marketability Discount and Alleged Oppressive Acts Considered in the Fair Value Determination
The Illinois Court of Appeals, 1st Division, affirmed the lower court’s decision denying a discount for lack of marketability in a fair value determination originating in a statutory buyout to avoid dissolution.
Balance Sheet Dated Two Months After Shareholder Withdrawal Not Evidence of Fair Value on Date of Withdrawal
The issue in this case was whether the trial court erred in determining the value of a 50% shareholder interest in a professional corporation on the date the shareholder withdrew from the corporation.
Fair Value and Fair Market Value Identical in Florida Corporate Dissolution
The issue in this corporate dissolution was the value of Enrique Garcia’s 50% interest in a closely held corporation, G&G Fashion Design Inc., which operated two clothing stores.
LLC Agreement Provides No Buyout Option for Withdrawing Member
The issue in this case was the status of a member’s capital contribution and equity in an LLC.
Detter v. Miracle Hills Animal Hospital PC (I)
Goodwill is not a marketable asset that stays with a corporation, but, rather, a nonmarketable one that leaves with a professional.
Incomplete Appellate Record Foils Court’s Ability to Review Appraisal
The issue in this corporate dissolution was the fair value of a 50% interest in Fairway Capital Corp.
Multiplier Outside Experts’ Range Affirmed
In this proceeding to dissolve a corporation, the Supreme Court found in favor of Anthony Carter and against Robert Carter in the amount of $114,383.
Valuation of Multiple Real Estate Limited Partnerships as Group for Merger Purposes Results in Potential Claim by Partners
Plaintiffs were five California limited liability companies that held limited partnership interests in 14 public real estate limited partnerships (the McNeil Partnerships).
Coyle v. Schwartz
"Mutual Agreement" valuation method upheld as valid, partner required to accept 12-year old value for shares under stock purchase agreement because they never revalued them.
Stock Valuation Provision Calling for Annual Revaluation Enforced
The Kentucky Court of Appeals held that a mutual agreement stock valuation provision, which called for the annual revaluation of the stock, was enforceable, despite the fact that the stock had not been revalued since the agreement was executed.
Perry v. Rogers
On appeal barbershop partner is required to compensate other partner for half of goodwill after obtaining a new lease to operate the shop without the other partner.
Usurpation Damages Subject to 'Extraordinary Circumstances'
An earlier Court of Appeals opinion in this case was abstracted in the September 2000 BVU.
Spivey v. Page
This appeal involves a question of valuation of the shares of a withdrawing shareholder from a professional corporation. We reverse the trial court’s determination that the shares had no value and hold that the valuation should have been made as of the ...
G & G Fashion Design, Inc. v. Garcia
Trial court accepted value of a real arm's length offer as evidence for valuation, which held.
Corporation not bound by buyout fair value; may elect to dissolve
The issue in this corporate dissolution action is whether the shareholder who elects to purchase the shares of the shareholder ...
Lucke v. Kimball
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Lieberman v. Wyoming.com LLC (II)
Issue in this LLC member withdrawal action was whether the operating agreement governed value of withdrawing members interest, and if not, what was appropriate standard of value.
Woodward v. North Carolina Management Company
Trial court fails to address issue before jury of payments made but enters judgement anyway.
In re the Matter of Carter
On appeal, changing a multiplier applied to gross revenue to be within the range of values offered at trial would only serve to help appellee, and is left undisturbed.
Everest Investors 8 v. McNeil Partners
The sale of assets given to McNeil Partners after the merger of limited partner's assets for higher value found to be a direct injury to limited partners, summary judgement thus barred.
Anjoorian v. Kilberg
The defendant, Arnold Kilberg (Kilberg), appeals from a Superior Court judgment wherein the plaintiff’s, Paul V. Anjoorian’s (Anjoorian), shares of stock in Fairway Capital Corporation (Fairway) were valued at $809,382.85. This case came before the Sup ...
Powell v. Anderson (III)
Trial court errs in applying minority discount to a damage award, and failing to determine existence of "extraordinary circumstances" for basis of its marketability discount.
Ross v. American Iron Works
Issues were whether material issue of wrongful conduct precluded summary judgment and whether dissenting shareholder lost his right of action for failure to meeting filing deadline.
Fierro v. Templeton
Issue in this corporate dissolution was the fair value of Templeton's 50% interest pursuant to Fierro's election to purchase in lieu of dissolution.