Hornberger v. Dave Gutelius Excavating, Inc.
Valuation of shares of terminated stockholder based on shareholder agreement that requires calculation of adjusted net book value and specified adjustments may include discounts, where discounts are consistent with industry practice, appellate court says.
Industry Practice Supports Discounts in Stock Redemption Valuation
Valuation of shares of terminated stockholder based on shareholder agreement that requires calculation of adjusted net book value and specified adjustments may include discounts, where discounts are consistent with industry practice, appellate court says.
ESOP Trustee Evaded Fiduciary Duties by Delegating Valuation
Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.
ESOP Trustee Evaded Fiduciary Duties by Delegating Valuation
Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.
Perez v. First Bankers Trust Services, Inc.
Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.
‘Devastating’ Cross-Examination in Shareholder Buyout Case Leads to Discredited Expert
Court discredits expert valuation in shareholder buyout case based on flawed income approach and inconsistent testimony.
In re White
Court discredits expert valuation in shareholder buyout case based on flawed income approach and inconsistent testimony.
Applying Statutory Fair Value Discounts From Shareholder Dissent to Oppression Cases
Court analogizes shareholder oppression to dissent cases.
Edler v. Edler
Court analogizes shareholder oppression to dissent cases.
Connie Faye Cantrell Craft v. Alfred M. Craft
The Louisiana Court of Appeals, Second Circuit affirmed a reimbursement claim to the marital community for the increase in value of a separate property business asset. The increase was computed based solely on the increase in shareholder’s equity over thi ...
Reimbursement Award Based on Increase in Shareholder’s Equity
The Louisiana Court of Appeals, Second Circuit affirmed a reimbursement claim to the marital community for the increase in value of a separate property business asset. The increase was computed based solely on the increase in shareholder’s equity over thi ...
Debt included in net asset valuation
The issue in this marital dissolution case was whether the trial court erred when it included certain debts in the net asset valuation of the parties' business, Drake Excavating.
Drake v. Drake
The issue in this marital dissolution case was whether the trial court erred when it included certain debts in the net asset valuation of the parties' business.
Valuation of appreciation requires three-step process; Capital gains credit awarded with no intent to sell
The primary issue in this case was valuation and division of the appreciation in the value of husband's business, Charles Hamilton Excavating Co. (CHEC).
Hamilton v. Hamilton
The primary issue in this case was valuation and division of the appreciation in the value of husband's business.
Equipment Company Valuation Turns on Asset- and Earnings-Based Values
The fair market value of 492,610 shares of stock in Dunn Equipment Inc. is in dispute in this case.
Estate of Dunn v. Commissioner (I)
At issue is the fair market value of 492, 610 shares of Dunn Equipment.
Dixon v. Dixon
At issue is whether husband's crane and rigging business should be included in the valuation of marital estate.
Husband bears loss of marital asset caused by his intentional wrongdoing
In this marital dissolution, the issue was whether the trial court erred in not including in the marital estate the value of husband's business at the time the action was commenced.
A.E. Sanders v. J.W. Snyder Construction Company, Inc.
The Alabama Court of Civil Appeals reversed a jury's award for breach of contract damages.
Breach of Contract Limited to Amount Earned
The Alabama Court of Civil Appeals reversed a jury's award for breach of contract damages.
Gioia v. Gioia
Issues included the proper valuation date of husband's 50% business interest, and whether certain aspects of the trial court's valuation were proper.