ShopRite, Inc. v. Gardiner
In determining the fair value of a minority interest in stock sold back to the companies in a shareholder oppression assertion, the Louisiana Court of Appeals rejected a discount for trapped-in capital gains tax since the companies had no intention of selling the properties owned. The appeals court also disallowed a reduction in fair value related to the value of affiliated accounts receivable, noting that there was no evidence that the receivables were uncollectible.
Louisiana Court of Appeals Disallows a Discount for Trapped-In Capital Gains Taxes and a Reduction in Receivables for Collectability
In determining the fair value of a minority interest in stock sold back to the companies in a shareholder oppression assertion, the Louisiana Court of Appeals rejected a discount for trapped-in capital gains tax since the companies had no intention of selling the properties owned. The appeals court also disallowed a reduction in fair value related to the value of affiliated accounts receivable, noting that there was no evidence that the receivables were uncollectible.
Surviving Daubert Is Only Half the Battle in Presenting Lost Profits Damages
Court vacates future lost profits award based on lack of reliable expert evidence regarding future sales, beyond contract term.
Truman Arnold Companies v. Hammond and Consultants Enterprises, Inc.
Court vacates future lost profits award based on lack of reliable expert evidence regarding future sales, beyond contract term.
Good Use of Defense Expert in Breach of Contract/Damages
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Sossikian v. Ennis
Defendant puts financial expert to credible use in disproving plaintiff’s request for damages in breach of contract case.
Bussa v. Bussa
Divorce court discounts for flawed comparables and lack of control in valuation of four related companies.
Hicks Oil & Butane Co. v. George Garza
The Texas Court of Appeals, Fourth District, reversed a lost profits award to a gasoline dealer because the lost profits evidence was speculative.
Nevada Condemnation Valuation Exception Explained
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
State of Nevada v. Cowan
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
Amoco Oil Company v. Caroline Gomez
The U.S. Court of Appeals for the 11th Circuit considered an award of reliance damages in this breach of contract action involving several gas stations.
In re John Joseph Edwards
At issue is breach of fiduciary duty by the trustee in regards to the sale price.
In re John Joseph Edwards
The main issue in this bankruptcy case (third and final opinion on the matter) is the objection of debtor, Edwards, to the disposition of his assets by the Chapter 7 Trustee.
Janis Valentino v. Paul Valentino
The New Jersey Superior Court determined that a property purchased prior to the parties marriage was his personal property, but since he opened and operated a gas station from the property during the marriage the appreciation of that property was partiall ...
Active Immune Asset Defined
The New Jersey Superior Court determined that a property purchased prior to the parties marriage was his personal property, but since he opened and operated a gas station from the property during the marriage the appreciation of that property was partiall ...
Michael H. Lauritzen v. Richard and Cynthia Gohlke
The Wisconsin Court of Appeals affirmed in part and reversed in part the price paid for a corporation in a judicial dissolution of the business. Both parties were 50% shareholders. They each bid for the business' assets. Lauritzen outbid Gohlke. Furthe ...
Establishing 'Realistic Value' Important When Challenging Liquidation Sale Price
The Wisconsin Court of Appeals affirmed in part and reversed in part the price paid for a corporation in a judicial dissolution of the business.
Carr v. Carr
One issue in this case was the court forced sale of a family business and a the court's requirement that the husband sign a non-compete agreement.