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Fitness Centers

This industry comprises establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports.

CycleBar

This industry comprises establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports.

Snap Fitness

This industry comprises establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports.

Pure Barre

This industry comprises establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports.

Anytime Fitness

This industry comprises establishments primarily engaged in operating fitness and recreational sports facilities featuring exercise and other active physical fitness conditioning or recreational sports activities, such as swimming, skating, or racquet sports.

Simons v. Simons

The Nebraska Supreme Court allowed a fair value determination by the wife’s expert as the appropriate value for a divorce case and did not include any discounts that might apply in a fair market value determination. Much of the opinion dealt with the issue of a constructive trust, which the trial court determined results in a 50% ownership by the wife in the family business.

Nebraska Supreme Court Allows Fair Value Determination for Family-Owned Business and Does Not Allow Discounts

The Nebraska Supreme Court allowed a fair value determination by the wife’s expert as the appropriate value for a divorce case and did not include any discounts that might apply in a fair market value determination. Much of the opinion dealt with the issue of a constructive trust, which the trial court determined results in a 50% ownership by the wife in the family business.

In COVID-19 Case, Federal Court Declines to Decide Contentious ‘Direct Physical Loss’ Issue and Sends Case Back to State Court

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the federal court grants the plaintiffs’ motion to remand the action back to Minnesota state court to resolve the disputed issue of what qualifies as direct physical loss under state law.

Life Time, Inc. v. Zurich Am. Ins. Co.

In this business interruption case resulting from mandatory shutdowns to control COVID-19, the federal court grants the plaintiffs’ motion to remand the action back to Minnesota state court to resolve the disputed issue of what qualifies as direct physical loss under state law.

In re Body Transit

Court finds creditor’s interest in debtor’s property is “inconsequential” and says a valuation of debtor’s fitness club must account for dismal state of fitness industry due to COVID-19 shutdown; debtor’s projections related to reorganization plan are too optimistic given economic uncertainty.

Court Finds Valuation of Debtor Entity Must Account for COVID-19 Effect on Industry

Court finds creditor’s interest in debtor’s property is “inconsequential” and says a valuation of debtor’s fitness club must account for dismal state of fitness industry due to COVID-19 shutdown; debtor’s projections related to reorganization plan are too optimistic given economic uncertainty.

Lacoste v. Lacoste

Appeals court rejects trial court’s valuation of husband’s fitness training company noting trial court lacked necessary financial evidence as well as testimony from experts; appeals court remands requesting “adequate valuation,” excluding goodwill.

Court Disapproves of Nonexpert Valuation of Key Marital Asset

Appeals court rejects trial court’s valuation of husband’s fitness training company noting trial court lacked necessary financial evidence as well as testimony from experts; appeals court remands requesting “adequate valuation,” excluding goodwill.

No Place for DLOM and Tax Affecting in New York Fair Value Determination

In statutory fair value proceeding to enable buyout of minority interest in limited liability companies, New York court says prevailing expert opinion understates future income stream; court upward adjusts by eliminating DLOM and disallowing tax affecting ...

Verghetta v. Lawlor

In statutory fair value proceeding to enable buyout of minority interest in limited liability companies, New York court says prevailing expert opinion understates future income stream; court upward adjusts by eliminating DLOM and disallowing tax affecting ...

Despite ‘Egregious’ Theft of Trade Secrets, Damages Hard to Prove

Despite employees’ ‘egregious’ theft of business secrets, federal court denies lost profits damages for breach of employment agreement due to speculative and overreaching evidence.

Pure Power Boot Camp v. Warrior Fitness Boot Camp

Despite employees’ ‘egregious’ theft of business secrets, federal court denies lost profits damages for breach of employment agreement due to speculative and overreaching evidence.

Experienced BV Expert Manipulated by Resort Owner and Attorneys?

Bankruptcy court avoids $209 million loan distribution to a resort owner, finding he (and counsel) manipulated the valuation experts, inflated projections, and used flawed appraisals for the underlying assets.

In re Yellowstone Mountain Club, LLC

Bankruptcy court avoids $209 million loan distribution to a resort owner, finding he (and counsel) manipulated the valuation experts, inflated projections, and used flawed appraisals for the underlying assets.

Expert Evidence Helps Decide Partnership ‘Divorce’

Minority partners who retains expert to value health club “win” in dissolution and accounting.

Schuetzle v. Lineberger

Minority partners who retains expert to value health club “win” in dissolution and accounting.

3925928 Manitoba Ltd., et al. v. 101029530 Saskatchewan Ltd., et al.

In 3925928 Manitoba Ltd., et al. v. 101029530 Saskatchewan Ltd., et al., 2005 FC 1465 (decided October 28, 2005), the Federal Court of Canada considered an award of damages in this trademark infringement action. The plaintiffs license franchises for fitne ...

Court Lists Factors Considered in Evaluating Destruction of Goodwill Claim

In 3925928 Manitoba Ltd., et al. v. 101029530 Saskatchewan Ltd., et al., 2005 FC 1465 (decided October 28, 2005), the Federal Court of Canada considered an award of damages in this trademark infringement action. The plaintiffs license franchises for fitne ...

Connecticut Supreme Court Reverses $15 Million Award Because of Insufficient Damages Evidence

The Supreme Court of Connecticut has overturned a 1997 malpractice decision by the state's Superior Court (BVU, March 1997, p. 9) which awarded more than $15 million in malpractice damages to the plaintiffs.

Beverly Hills Concepts v. Schatz & Schatz (II)

In legal malpractice action, issue was whether the trial court improperly made the award based on lost profits.

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