Investment Company Fair Value Includes Capital Gains Tax Discount, But No Sales Expense Adjustment
This judicial appraisal action arose out of the cash-out merger of Okeechobee Inc. with its majority shareholder, Alcoma Corp.
Kenneth Weiss v. Samsonite Corporation
Plaintiff challenged an internal leveraged recapitalization plan, which took the form of a cash self-tender offer by Samsonite to acquire 51% of its common stock at a price well above the tr ...
Tender for Economic Gain Not 'Wrongfully Coercive' Despite Debt
Plaintiff challenged an internal leveraged recapitalization plan, which took the form of a cash self-tender offer by Samsonite to acquire 51% of its common stock at a price well above the trading price.
Galligan v. Galligan
At issue are motions for partial summary judgment.
Indiana Court of Appeals Decides Whether Summary Judgment Was Warranted
This Indiana Court of Appeals examined whether the trial court erred in granting the defendant's motion for summary judgment.
Miller Brothers Industries, Inc. v. Lazy River Investment Co.
The New York Supreme Court, IA Part 7, determined that the merger price was the fair value of a NASDAQ traded company. The court determined that the merger price was the result of arms'-length negotiations and considered that changes would be implemented ...
Transaction Price Considers Post-Merger Management
The New York Supreme Court, IA Part 7, determined that the merger price was the fair value of a Nasdaq traded company.
Foy v. Klapmeier
At issue is the fair market value of appellee's five percent shareholder interest in appellant's business.
Le Beau v. M.G. Bancorporation
At issue is the fair value of MGB's common stock and the admittance of expert testimony.
Capital Market Approach Rejected and Control Premium Permitted When Valuing a Bank Holding Company
The Delaware Supreme Court affirmed the Chancery Court's valuation of two Illinois banks in this dissenting shareholder action.
Pink v. Cambridge Acquisition, Inc.
At issue are the appraisal rights of the appellants.
Judicial Appraisal Time Barred Where Wrong Corporation Named
Minority shareholders were forced to give up their shares of Cambridge Inc. stock in a management buyout.
Court Accepts Expert's Value Based on 'Thoroughness and Credibility'
Trapp Family Lodge Inc. (TFL) gave notice of a special meeting of shareholders to vote on a proposed merger.
Solomon v. Armstrong
Delaware Court of Chancery dismissed claims of the GM class E shareholders challenging the fairness of transaction that effected a split-off of its wholly owned subsidiary Electronic Data Sy ...
Solomon v. Armstrong
Delaware Court of Chancery dismissed claims of the GM class E shareholders challenging the fairness of transaction that effected a split-off of its wholly owned subsidiary, Electronic Data Systems Holding Corp.
In re General Motors class H shareholders litigation
At issue is breach of fiduciary duties.
In re General Motors Class H Shareholders Litigation
Delaware Court of Chancery dismissed claims of the GM class H shareholders challenging the fairness of transactions that split up GM's wholly owned Hughes Electronic Corp., which were approved by stockholder vote.
Company Sale Not Evidence of Fair Value
Wiley and others formed Ely Inc. to develop and sell a process for grinding coal and other substances into fine powder for power plants.
Cede & Co. v. Technicolor, Inc.
At issue is the valuation of Technicolor, Inc. and the appointment of a neutral expert to make the valuation.
Court Appoints Appraisal Expert on Remand
In this newest installment of a 15-year-old statutory appraisal matter, Chancellor Chandler outlined his understanding of the mandate he received upon remand from the Delaware Supreme Court and appointed a neutral expert witness to reappraise Cede & Co.'s shares of Technicolor.
Appraisal Action Exclusive Remedy for Dissenters
Defendants Robert Genser and Robert Rosenstock owned approximately 72% of Briggs Leasing Corp.
'Excess Capital' Issue in Dissent Case
Marks Berens, minority shareholder in Marquette Bank Shakopee, was required to surrender his shares pursuant to a consolidation by the majority shareholder of the bank (a bank holding company).
In re 75,629 Shares of Common Stock of Trapp Family Lodge, Inc.
At issue is the admittance of expert testimony and the valuation of the corporation's stock.
Court Accepts Expert's Value Based on 'Thoroughness and Credibility': First Judicial Interpretation of Vermont Dissenters' Rights Statute
The issue in this judicial appraisal action was whether the trial court erred in adapting the valuation of $63.44 per share.
Tax Consequences, Shareholders’ Agreement and a Control Premium
The Vermont Supreme Court affirmed the lower court's valuation of dissenter's stock in a resort lodge.