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Gemini Ins. Co. v. Potts

In bifurcated ESOP litigation centering on ERISA violations, court finds trustee defendants’ professional liability policy expressly excluded coverage for ERISA claims; under language of policy, insurer is not required to defend or indemnify trustee defendants fighting DOL’s ERISA allegations.

Court Finds ESOP Trustee’s Insurance Excludes Coverage for Defense Against DOL’s ERISA Claims

In bifurcated ESOP litigation centering on ERISA violations, court finds trustee defendants’ professional liability policy expressly excluded coverage for ERISA claims; under language of policy, insurer is not required to defend or indemnify trustee defendants fighting DOL’s ERISA allegations.

Loss of Value Damages Do Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Loss of Value Damages Do Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Loss of Value Damages Does Not Require Showing of Complete Destruction

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

West Plains, LLC v. Retzlaff Grain Co. (II)

In tortious interference with business relations case, 8th Circuit says district court did not err when it allowed plaintiff’s expert to testify to total loss of value where company was not completely destroyed but harmed; damages award was not excessive.

Loss of Value Damages Does Not Require Showing of Complete Destruction

In tortious interference with business relations case, trial court rejects post-trial attack, finding sufficient evidence to support jury award to plaintiff, including expert testimony about total loss of value to company based on defendants’ misconduct.

West Plains, LLC v. Retzlaff Grain Co. (I)

In tortious interference with business relations case, trial court rejects post-trial attack, finding sufficient evidence to support jury award to plaintiff, including expert testimony about total loss of value to company based on defendants’ misconduct.

Chancery Adopts Merger Price Sans Cost Savings Reduction

Chancery agrees with company expert’s reliance on merger price as best estimate of fair value of company where DCF and comparable companies analyses lack reliable data, but court rejects downward adjustment for purported cost savings related to merger.

Merlin Partners LP v. AutoInfo, Inc.

Chancery agrees with company expert’s reliance on merger price as best estimate of fair value of company where DCF and comparable companies analyses lack reliable data, but court rejects downward adjustment for purported cost savings related to merger.

Industry Characteristics Bolster Reliance on Net Asset Value

In fight over plan confirmation, court finds nature of industry supports debtors’ reliance on net asset value approach to value Chapter 11 dry bulk shipper but not to the exclusion of more traditional methods; however, court rejects use of DCF.

In re Genco Shipping & Trading Ltd.

In fight over plan confirmation, court finds nature of industry supports debtors’ reliance on net asset value approach to value Chapter 11 dry bulk shipper but not to the exclusion of more traditional methods; however, court rejects use of DCF.

In re Marriage of Valente

Appeals court says awarding wife a portion of business and a maintenance award is not double recovery (double dipping) where husband’s reasonable replacement compensation “was carved out of the income streams used for the valuation.”

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