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Scalia v. Farmers National Bank of Danville & Weddle Bros. Const. Co.

Under new processing agreement between DOL and specific ESOP trustee, trustee is bound by strict rules on how to handle controlling-interest acquisitions and indemnification issues; trustee must ensure ESOP plan acquires a series of specified rights before approving payment of a control premium.

DOL Processing Agreement Contains Stringent Rules on Controlling Interest Transactions, Indemnification

Under new processing agreement between DOL and specific ESOP trustee, trustee is bound by strict rules on how to handle controlling-interest acquisitions and indemnification issues; trustee must ensure ESOP plan acquires a series of specified rights before approving payment of a control premium.

Court Says Asset Approach ‘Is Simply an Improper Method’ in Present Appraisal Proceeding

Appellate court upholds trial court’s finding that majority shareholder breached fiduciary duty to minority shareholder and buyout order; trial court performed careful valuation analysis finding defense expert’s asset-based approach was “simply an improper method of valuation in the present case.”

Linde v. Linde

Appellate court upholds trial court’s finding that majority shareholder breached fiduciary duty to minority shareholder and buyout order; trial court performed careful valuation analysis finding defense expert’s asset-based approach was “simply an improper method of valuation in the present case.”

Lee v. Argent Trust Co.

Court dismisses private plaintiff’s ESOP suit, alleging defendant trustee and other ESOP and company actors violated their fiduciary duties to the plan and overpaid for company stock; a subsequent valuation showed the plan obtained stock at a discount, court concludes.

Court Finds Plaintiff Fails to Show ESOP Transaction Caused Injury

Court dismisses private plaintiff’s ESOP suit, alleging defendant trustee and other ESOP and company actors violated their fiduciary duties to the plan and overpaid for company stock; a subsequent valuation showed the plan obtained stock at a discount, court concludes.

Discovery Evidence Casts Doubt on Valuator’s Independence

Appeals court affirms fair value determination in statutory appraisal, finding trial court properly assessed expert testimony against background of seller’s financial condition and circumstances surrounding sale; purchase price was relevant consideration.

TWC I, L.L.C. v. Damos

Appeals court affirms fair value determination in statutory appraisal, finding trial court properly assessed expert testimony against background of seller’s financial condition and circumstances surrounding sale; purchase price was relevant consideration.

Impact of Economic Changes During Divorce Are Material

When the original valuation date preceded the 2008-2009 economic crisis, trial court erred by failing to consider its impact on the value of the business prior to trial.

Court Cobbles Credible Basis From Expert Evidence to Confirm Lost Profits Damages

Appellate court affirms lost profits damages for a terminated dealership by “backing into the amount,” i.e., finding enough credible expert evidence by which the jury could have reasonably calculated its award.

The Water Quality Store, LLC v. Dynasty Spas, Inc.

Appellate court affirms lost profits damages for a terminated dealership by “backing into the amount,” i.e., finding enough credible expert evidence by which the jury could have reasonably calculated its award.

Prenuptial Lacking Appraised Values

Court invalidates antenuptial agreement for lack of adequate disclosure, including appraised values of husband’s assets.

Stemler v. Stemler

Court invalidates antenuptial agreement for lack of adequate disclosure, including appraised values of husband’s assets ...

Contractor May Never Recover Lost Profits for Lost Bonding Capacity?

Colorado Supreme Court reverses ruling by appellate court that all lost profits claims due to contractor’s impaired bonding capacity are speculative as a matter of law.

Denny Construction, Inc. v. City and County of Denver

Colorado Supreme Court reverses ruling by appellate court that all lost profits claims due to contractor’s impaired bonding capacity are speculative as a matter of law.

Cal-City Construction, Inc. v. Wilson, Elser et al.

Construction company sues former lawyers after receiving questionable advice, and seeks damages based on potential lost jobs.

Thille & Son Construction, Inc. v. Russell Thille, et al.

The Nebraska Court of Appeals reversed a lost profits award because the lost profits calculation adopted by the lower court failed to account for all the expenses associated with the misappropriated corporate opportunity.

Court finds fraudulently operated companies difficult to value

In this marital dissolution, one issue was the value of the multiple companies owned by husband.

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.

In re Marriage of Thompson

In this marital dissolution, one issue was the value of the multiple companies owned by husband.

Disotell v. Stiltner

The trial court in this partnership dissolution case approved the remedy of a buyout of one of the partnership’s interest.

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.

Book Value in Financial Statements Not Materially False Though Company Has No Market Value

One issue in this bankruptcy case was whether the debtor mislead the surety by listing book value of his construction business, Bartomeli Co., in unaudited financial statements.

Court rejects discounts for lack of supporting evidence

One of the issues in this marital dissolution was the value of the parties’ interests in a real estate development partnership and S corporation.

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.

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