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Lund v. Lund (II)

Appeals court upholds district court’s buyout order of minority shareholder’s interests in related family businesses (grocery store chain) as well as district court’s fair value determination; district court’s valuation “falls squarely” between trial experts’ valuations, appeals court says.

In Big Buyout Ruling, Minnesota Court Rejects DLOM in Calculating Fair Value

In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.

In Big Buyout Ruling, Minnesota Court Rejects DLOM in Calculating Fair Value

In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.

Lund v. Lund (I)

In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.

Court Excludes Pro Forma-Based Economic Damages Analysis

Court excludes plaintiffs’ DCF-based damages calculation, finding it suffers from “garbage-in, garbage-out” problem; plaintiffs’ experts based cash flow analysis on defendant’s preliminary projections rather than subsequently available actual sales data.

Damages Opinion Reveals ‘Serious Misconception’ of Role of Expert

Court excludes most of rebuttal opinion under Daubert, saying it is not “the product of reliable principles and methods” owing to expert’s “serious misconception of his role and misreading of the authorities he cites,” particularly with regard to causatio ...

Bruno v. Bozzuto’s, Inc.

Court excludes plaintiffs’ DCF-based damages calculation, finding it suffers from “garbage-in, garbage-out” problem; plaintiffs’ experts based cash flow analysis on defendant’s preliminary projections rather than subsequently available actual sales data.

Rowe v. DPI Specialty Foods

Court excludes most of rebuttal opinion under Daubert, saying it is not “the product of reliable principles and methods” owing to expert’s “serious misconception of his role and misreading of the authorities he cites,” particularly with regard to causatio ...

Court Affirms Rightness of Expert’s ‘Marital Value’ Calculation

Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.

In re Honer

Court upholds expert’s idiosyncratic valuation approach based on ascertaining “marital value” of community’s grocery stores as opposed to stores’ “investment value”; since the stores were not sold, valuation properly captured their value to owner spouse.

Winn-Dixie Stores, Inc. v. Dolgencorp, LLC

Appeals court affirms Daubert exclusion of plaintiff's damages expert because she analyzed the wrong problem and her conclusion did not assist the trier of fact; also, her economic model and regression analysis failed to measure “effect of the violation.”

Bernier Trial Court Gets Tax Affecting Wrong Once Again

Massachusetts Court of Appeals remands the case—for the second time—to the trial court for an appropriate valuation of the parties’ S corporations, including a tax affecting according to the “Kessler metric” (adopted from the Delaware Chancery Court).

Bernier v. Bernier (II)

Massachusetts Court of Appeals remands the case—for the second time—to the trial court for an appropriate valuation of the parties’ S corporations, including a tax affecting according to the “Kessler metric” (adopted from the Delaware Chancery Court).

Second Post-Bernier Court Says Income Approach May Be Preferred, But Not Exclusive

Massachusetts court precludes discounts in valuing marital business in divorce, and says that while income approach is preferred, net asset value may be appropriate in the absence of determinable market value.

Palmerino v. Palmerino

Massachusetts court precludes discounts in valuing marital business in divorce, and says that while income approach is preferred, net asset value may be appropriate in the absence of determinable market value.

Debate Over Tax Affecting Plays Out in New Divorce Case

Massachusetts Supreme Court applies tax-affecting analysis to valuation of Subchapter S corporations in divorce.

Which is More Credible: an Owner’s Projections or Those Used for Financing?

Which is more credible: owner’s testimony regarding weekly sales forecasts or the forecasts he prepared to secure financing?

Aukeman v. Aukeman

Which is more credible: owner’s testimony regarding weekly sales forecasts or the forecasts he prepared to secure financing?

Bernier v. Bernier (I)

Massachusetts Supreme Court applies tax affecting analysis to valuation of subchapter S corporations in divorce.

Corporate Wrongdoing Plays Role in Corporate Valuation, If Adverse Impact Shown

Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.

In the Matter of Markman

Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.

Penn Mart Supermarkets, Inc. v. New Castle Shopping, LLC

The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.

Bidwell v. Bidwell (II)

At issue is the valuation of couple's grocery business.

Bidwell denied sale of business on motion to reconsider

The Oregon Court of Appeals allowed the husband's motion to reconsider its decision to uphold the property division in Bidwell v. Bidwell (abstracted in J&L BVU October 2000).

Bernier v. Bernier (2003)

Bernier v. Bernier (2003) US Massachusetts State Court Family Court Kaplan 5411 Grocery Stores 445110 Supermarkets and Other Grocery (except Convenience) Stores ...

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