Key to Reasonable Compensation: Relate the Surveys to the Specific Professional
In reasonable compensation case, trial court discredits salary surveys not sufficiently “fine-tuned” to area and type of practice of the subject practitioner.
Doctors Hospital of Hyde Park, Inc. v. Desnick et al.
This adversary case relates to the Chapter 11 bankruptcy case filed by Chapter 11 Trustee for Debtor Doctors Hospital of Hyde Park Inc. (“Doctors Hospital” or “Trustee”). The Adversary Complaint pleaded a total of 28 counts (“Complaint”).
Nowzaradan v. Nowzaradan
By following state standard of valuing goodwill in divorce, appraisers built a solid record of medical practice valuation, confirmed on appeal.
Keane v. Lowcountry Pediatrics
South Carolina court considers applying standard of goodwill valuation in marital dissolutions to partnership dissolutions.
Stewart v. Stewart
Idaho declines to make the distinction between enterprise and personal goodwill in valuing a professional practice in divorce, holding all goodwill is marital property.
‘Multiattribute Utility Model’ Accepted in Allocating Enterprise/Personal Goodwill
Court accepts “multiattribute utility model” in calculating percentages of personal and enterprise goodwill for a professional practice.
Law on Enterprise Goodwill in Divorce Limits Valuation in Later Legal Malpractice
In a post-dissolution malpractice action, appraiser may not apply enterprise goodwill in valuing a professional practice if contrary to state law at the time of the divorce.
Ackerman v. Ackerman
In reasonable compensation case, trial court discredits salary surveys not sufficiently “fine-tuned” to area and type of practice of the subject practitioner.
Weisman v. Schiller DuCanto and Fleck
In a post-dissolution malpractice action, appraiser may not apply enterprise goodwill in valuing a professional practice if contrary to state law at the time of the divorce.
In re Marriage of Alexander
Court accepts “Multiattribute Utility Model” in calculating percentages of personal and enterprise goodwill for a professional practice.
Can a Divorce Client Sue Her Lawyer for Failing to Obtain a Business Valuation?
A divorcing spouse sues her attorney for failing to obtain an appraisal of limited partnerships.
Caudill v. Roberts
A divorcing spouse sues her attorney for failing to obtain an appraisal of limited partnerships.
M.A. Hajianpour, M.D., P.A., et al. v. Khosrow Maleki P.A., et al.
Court considers whether DCF analysis could apply to professional practice that is no longer a going concern.
Do Claims Against Business Appraisers Fall Within the Statute of Limitations Regarding Accountants?
Court considers whether business appraiser’s valuation of a buy-sell agreement falls within the statute of limitations pertaining to accountants and accounting firms.
Dr. Natheir Al-Hendawi v. Manjit Singh Sidhu
In Dr. Natheir Al-Hendawi v. Manjit Singh Sidhu, 2006 BCSC 522 (CanLII) (decided March 30, 2006), the Supreme Court of British Columbia calculated. the lost past and future earnings of a medical doctor resulting from an auto accident.
Heaton and Eadie, PSC v. Corneal Consultants of Indiana, P.C.
Court considers whether business appraiser’s valuation of a buy/sell agreement fall within the statute of limitations pertaining to accountants and accounting firms ...
St. Clair Medical, P.C. v. Christopher Borgiel
Michigan Court of Appeals determines enforceability of physician non-competes ...
Failure to use goodwill in valuing a medical practice upheld but reluctantly
A major point of contention between the parties in this marital dissolution was the value of husband's radiology practice.
More thorough analysis wins the day
In this marital dissolution case, the primary valuation issue was how much husband’s medical practice had increased in value.
Marketability discount may be applied where there is no impending sale but is within court’s discretion
The valuation issues in this marital dissolution were whether a discount for lack of marketability should have been applied to husband’s minority interests in two medical-practice businesses, and whether a buy-sell provision in a third business was determinative of that business's fair market value.
Susan S. Fitzgerald v. Gerald R. Fitzgerald, Jr.
The Florida Court of Appeals for the 2nd District determined that a lower court erroneously computed the income attributable to a doctor for support purposes as only wages from a medical practice he owned. The appellate court found that the husband’s i ...
Gross Income Includes Business Income and Personal Benefits
The Florida Court of Appeals for the Second District determined that a lower court erroneously computed the income attributable to a doctor for support purposes as only wages from a medical practice he owned. The appellate court found that the husband’s i ...
Stock restriction agreement is not determinative of value for equitable distribution
One of the issues in this marital dissolution was the value of husband’s 1000 shares of nonvoting stock in the Sanger Clinic, P.A., where he was a senior partner.
Gomez v. Gomez
A major point of contention between the parties in this marital dissolution was the value of husband's radiology practice.
Susan M. Greenslait v. Michael W. Greenslait
The Michigan Court of Appeals affirmed the valuation of a one-third interest in an anesthesiology practice. The husband, through the corporation, was employed under an annual contract with a hospital and earned below the mean earnings of a similarly situa ...