Gholl v. eMachines, Inc.
The issue in this appraisal action was the value of the shares of eMachines Inc., a company that provided low-cost computer goods to consumers.
Dobler v. Montgomery
The issue in this appraisal action was the value of Montgomery Cellular (MCHC), a telecommunications holding company.
Federal Act Governs Appraisal Rights in Bank Mergers
The issue in this case was whether the National Bank Consolidation and Merger Act (or the state’s general corporate appraisal rights statutes) governs the appraisal rights of dissenting shareholders in a bank merger.
Cede & Co., Inc. v. MedPointe Healthcare, Inc.
The Delaware Court of Chancery determined the fair value of publicly held stock in this dissenting shareholders’ action. The shareholders dissented from a two-step merger. However the court treated the first step as completed in making its fair value dete ...
First Step of a Two-Step Transaction Culminating in a Merger Fully Considered in Fair Value Determination
The Delaware Court of Chancery determined the fair value of publicly held stock in this dissenting shareholders’ action.
Lane v. Cancer Treatment Centers of America, Inc.
The Delaware Court of Chancery determined the fair value of a closely held, subchapter S corporation’s stock. The primary reason for the great differences in value determined by the opposing experts in this case resulted from the assumptions regarding the ...
Court Rejects Experts' Opinions, Uses Tendered Price
The issue in this dissenters’ rights action was the fair value of the shares of Rainforest Cafe Inc.
Subsequent Events Can Be Used to Show Value on Valuation Date
The issue in this dissenter’s LLC appraisal action was the value of Senior Campus Living LLC (SCL) prior to the reclassification of membership interests and squeeze-out of a minority member.
In re Emerging Communications, Inc. Shareholders Litigation
The court in this case placed a fair value of $38.05 per share on the stock of a company which was acquired in a two-step going private transaction at $10.25 per share based on a fairness opinion.
Management Projections and Cost of Capital Considered
The Delaware Court of Chancery considered the use of management projections and the use of WACC and CAPM in computing the cost of capital.
Arm’s-Length Merger Price Less Synergies Equals Fair Value
The issue in this case was the fair value of the shares of a bank holding company for purposes of appraisal rights following a merger.
Doft & Co., et al. v. Travelocity.com Inc., et al.
The Delaware Court of Chancery determined the fair value of public shares of Travelocity.com, Inc. The court rejected a valuation using the discounted cashflow method because the industry was still in its infancy and therefore management’s projections wer ...
Doft & Co. v. Travelocity.com Inc.
A minority shareholder of Travelocity.com Inc. (Travelocity) brought a dissenting shareholder action contesting the $28 per share it received in a short-form merger of Travelocity and seeking a determination of the fair value of its shares.
Boettcher v. IMC
In this dissenter's rights case the issue was the fair value of the shares.
Trading Price on the Valuation Date Is Not the Fair Value of Public Stock
The Florida Court of Appeals, 2nd District, determined that the market price of publicly traded stock on the date prior to the shareholder vote was not the fair value of that stock in this dissenting shareholders’ appraisal action.
Community Bank of Arizona v. G.V.M. Trust
Lack of Arizona statute regarding appraisal of dissenter's shares in cases of bank mergers requires the interpretation of the case under federal code.
Rainforest Cafe, Inc. v. State of Wisconsin Investment Board
The Minnesota Court of Appeals affirmed the lower court’s determination of fair value at the merger consideration in this dissenting shareholder action. It affirmed the lower court’s decision to give no weight to the four experts that testified because th ...
Vernon v. Commerce Financial Corporation
Court appoints appraiser to value shares, CFC appeals interest and appraiser fees, but all points are affirmed.
Cede & Co. v. JRC Acquisition Corp., et al.
The Delaware Court of Chancery determined the fair value of 652,400 shares of 800-JR Cigar, Inc. In doing so it rejected a comparable transaction valuation because the alleged comparables were in a different, but related industry. It also rejected an anal ...
Fair Value of Tobacco Retailer Determined
The Delaware Court of Chancery determined the fair value of 652,400 shares of 800-JR Cigar Inc.
Froelich v. Senior Campus Living LLC
The issue in this case was the valuation of an LLC and the application of the statutory appraisal procedure provided under Maryland law.
Cede & Co. v. Technicolor, Inc.
The Delaware Court of Chancery determined the fair value of Technicolor, Inc. in this dissenting shareholder action. It valued Technicolor, a publicly traded company, on the valuation date as the sum of its divisions, which were valued using the discounte ...
Management’s Projections Figure Heavily in Dissenting Shareholder Action
The Delaware Court of Chancery determined the fair value of Technicolor Inc. in this dissenting shareholder action.
Union Illinois 1995 Investment Limited Partnership v. Union Financial Group, Ltd.
This is an appraisal action in which shareholders who are all affiliated with the O’Brien family seek a determination of the fair value of their shares in Union Financial Group, Ltd. (“UFG”). The O’Brien family controlled approximately 38% of UFG’s stoc ...
Evidence provided no basis to infer fraud in investment valuations
This securities class action was brought by shareholders of Allied who claimed that Allied used a valuation policy ...