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Claims Against Third-Party Appraisal Crumple Under ‘Palpable Error’ Standard

In buyout dispute, court rejects plaintiff’s request to set aside third-party appraisal performed pursuant to valuation agreement; court notes its limited role and high “palpable error” standard; alleged mistakes were not apparent on face of appraisal and there was no misconduct by appraiser.

Olli Salumeria Americana, LLC v. Vosmik

In buyout dispute, court rejects plaintiff’s request to set aside third-party appraisal performed pursuant to valuation agreement; court notes its limited role and high “palpable error” standard; alleged mistakes were not apparent on face of appraisal and there was no misconduct by appraiser.

Section 2000 Fair Value Assumes a Hypothetical Seller's Covenant Not to Compete

This was a voluntary corporate dissolution proceeding.

Mart v. Severson

In voluntary corporate dissolution proceeding, Severson exercised his right under Cal. Corp. Code section 2000 to purchase Mart's shares at their fair value to avoid dissolution.

Actual Noncompete Agreement Not Relevant to Fair Value Determination

The California Court of Appeals, District 1, reversed the lower court’s determination of fair value in this voluntary dissolution proceeding.

Wai Ming Ng v. Connie Tow

The New York Supreme Court, Appellate Division, Second Department, reversed and remanded a damage award in this shareholder appraisal action.

True Value of Business Is Not Determined Solely by Reference to Its Earnings

The New York Supreme Court, Appellate Division, Second Department, reversed and remanded a damage award in this shareholder appraisal action.

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