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.
Event Study Analysis Rejected When Other Possible Events Not Considered
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.
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 ...
Home Pride Foods, Inc. v. Christopher S. Johnson, et al.
The Nebraska Supreme Court reversed and remanded a lost profits determination in this trade secret case. The court noted that lost profits are based on net profits, not gross profits. Since no evidence of Home Pride’s net profits were in evidence, the cou ...
Reasonable Royalty and Permanent Injunction Constitute Double Recovery
The Nebraska Supreme Court reversed and remanded a lost profits determination in this trade secret case. The court noted that lost profits are based on net profits, not gross profits. Since no evidence of Home Pride’s net profits were in evidence, the cou ...
Fair Value in Oregon Shareholder Oppression Case Is Undiscounted Pro Rata Share of Going Concern Value
Plaintiff brought this action under the Oregon dissenters' rights statute, claiming oppressive conduct of the majority shareholders and requesting judicial dissolution of the subject company.
Hayes v. Olmsted & Assoc.
Issues were whether majority's conduct toward minority stockholder was oppressive, the proper method of valuing minority's stock, and value of stock.
Value Under Shareholders’ Agreement Is Not Fair Value
The Oregon Court of Appeals considered the fair value of a minority interest in a food brokerage business in this oppressed shareholder case.
County of Du Page v. Property Tax Appeal Board
The Illinois Court of Appeals reversed the lower court's decision to reduce the fair cash value of commercial property by the value of the property's right to use a parking lot on an adjacent property. The appellate court found that the reduction was imp ...
Value of Commercial Real Estate Includes Right to Use Parking on Separate Parcel
The Illinois Court of Appeals reversed the lower court's decision to reduce the fair cash value of commercial property by the value of the property's right to use a parking lot on an adjacent property.
'Fair Value' Relevant to Fiduciaries' Liability for Breach of Duty
Plaintiffs filed this shareholder derivative action seeking damages against defendant Telemachus Demoulas for fraud, conversion, and breach of fiduciary duty arising out of his conduct as co-executor of the estate of George Demoulas.
Demoulas v. Demoulas
At issue is the admittance of expert testimony.
Stock Repurchase Agreement Not Controlling; Tax Court Applies 40% Marketability Discount
Ann Brookshire owned 219,710 shares of common stock in Brookshire Grocery Co., representing 9.79% of the total shares outstanding, at the time of her death on Nov. 20, 1993.
Brookshire v. Commissioner
At issue is the value, as of the date of decedent's death, of 106,826 shares of common stock of a closely held family corporation.
Supreme Court Affirms Board's Reliance on Solvency Opinion
On appeal, plaintiffs brought a punitive class-action suit alleging that the repurchase of shares in connection with an acquisition resulted in the impairment of capital.
Klang v. Smith's Food & Drug Center, Inc. (II)
Issue is whether directors breached their fiduciary duty of candor by failing to disclose material facts prior to shareholder approval of transactions.
Plaintiff Challenges Going Concern Asset Valuation Premise Used in Solvency Opinion
Plaintiffs sought rescission on a series of transactions including a merger, stock repurchase and certificate amendment.
Brother Usurps Family Corporate Opportunity
The plaintiff, Arthur S. Demoulas, brought a stockholders' derivative action (see sidebar for definition), alleging that defendants usurped corporate opportunities.
Klang v. Smith's Food & Drug Centers, Inc. (I)
Plaintiffs sought recission on a series of transactions including a merger, stock repurchase and certificate amendment on theory that directors breached fiduciary duty.
Demoulas v. Demoulas Supermarkets
At issue is whether the defendants wrongfully, and in breach of fiduciary duties, usurped corporate opportunities that should have been presented to DSM and Valley.
Jeffrey D. Chokel v. First National Supermarkets, Inc.
The Massachusetts Supreme Court affirmed the lower court's valuation of stock using the Delaware Block method in this dissenting shareholder action. In doing so, it affirmed the lower court's use of projected future earnings instead of historical earnings ...