Bayou Place Limited Partnership v. Alleppo’s Grill, Inc.
In rent payment dispute, court rejects defendant restaurant’s force majeure claim that devastating hurricane was act of God that interfered with restaurant’s use of property and excused performance where lease did not contain force majeure provision and rent payments stopped before storm.
Arizona Court Says Owner’s Goodwill in Restaurants Represents Community Asset
Appeals court affirms trial court’s decision to give wife portion of value of goodwill in two restaurants husband set up with new partner during separation, where restaurants carried husband’s name and featured recipes he had developed during the marriage; goodwill is a community asset.
Jimenez v. Jimenez
Appeals court affirms trial court’s decision to give wife portion of value of goodwill in two restaurants husband set up with new partner during separation, where restaurants carried husband’s name and featured recipes he had developed during the marriage; goodwill is a community asset.
Lack of Marketability a Factor in Valuing Minority Interest
In buyout case, calculation of fair value of minority shareholder’s interest in restaurant turns on forensic accountant’s credit/cash ratio analysis; New York trial court says law recognizes lack of marketability as a factor in valuing closely held corpor ...
Cortes v. 3A N. Park Ave. Rest Corp.
In buyout case, calculation of fair value of minority shareholder’s interest in restaurant turns on forensic accountant’s credit/cash ratio analysis; New York trial court says law recognizes lack of marketability as a factor in valuing closely held corpor ...
Valuation Confirms Salability of ‘Unique’ Restaurant’s Goodwill
State high court rejects per se extension of personal goodwill concept to nonprofessional businesses and finds in case at issue restaurant’s valuation indicates goodwill is marketable and thus corporate and subject to marital distribution.
Brave v. Brave (II)
State high court rejects per se extension of personal goodwill concept to nonprofessional businesses and finds in case at issue restaurant’s valuation indicates goodwill is marketable and thus corporate and subject to marital distribution.
Can a Restaurant Have Personal Goodwill?
State appellate court finds “professional license goodwill” exception, which treats personal goodwill as professional spouse’s separate property, applies to “unique,” successful restaurant and directs trial court to determine how much of the business’s go ...
Brave v. Brave (I)
State appellate court finds “professional license goodwill” exception, which treats personal goodwill as professional spouse’s separate property, applies to “unique,” successful restaurant and directs trial court to determine how much of the business’s go ...
Restaurant Value in Divorce Relies on Mere 2x Multiple of Average Annual EBITDA
Court finds that 2x EBITDA multiple is not too low for restaurant valuation, due to 2008 economic downturn and long hours by husband, a solo proprietor.
Successful Restaurant Lost Profits Analysis Turns on Comprehensive Research
Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.
Shewbart v. Shewbart (II)
Court finds that 2x EBITDA multiple is not too low for restaurant valuation, due to 2008 economic downturn and long hours by husband, a solo proprietor.
LB 4 Fish, LLC v. Developers Diversified Realty Corp.
Comprehensive research and analysis lend credibility to financial expert’s calculations for over $8 million lost profits and lost goodwill for restaurant.
The Great Recession: Is It Grounds for a Court’s Reconsideration of Value?
Court denies motion for rehearing of divorce valuation based on unforeseen economic recession of 2007 – 2008.
Can a Trial Court Value a Restaurant Based on Cash Flow But Ignore Gross Sales?
Husband appeals value of a restaurant that included only a portion of his expert report’s (cash flow) without accounting for the other portion (gross sales).
Mistretta v. Mistretta
Court denies motion for rehearing of divorce valuation based on unforeseen economic recession of 2007 – 2008.
Foppe v. Foppe
Husband appeals value of a restaurant that included only a portion of his expert report’s (cash flow) without accounting for the other portion (gross sales).
Shewbart v. Shewbart (I)
Trial court (divorce) commits reversible error by valuing only the hard assets of a restaurant and ignoring evidence of its substantial annual income and consistent profits.
Lost Profit Testimony Falls Short of Needed Expert Evidence
Owners’ lost profits calculations comparing profits from his restaurant at an old location to those he made at a new location fall short of reasonable certainty standard.
Nieman v. Bunnell Hill Development, Co., Inc.
Owners’ lost profits calculations comparing profits from his restaurant at an old location to those he made a new location fall short of reasonable certainty standard.
Troy Browning v. Dennis Raymond Smeal
The California Court of Appeals, 2nd District, affirmed the admissibility of a franchise appraisal in this attorney malpractice action.
Franchise Valuation Lacking Proper Foundation Excluded in Attorney Malpractice Action
The California Court of Appeals, 2nd District, affirmed the admissibility of a franchise appraisal in this attorney malpractice action.
Equitable interest in goodwill difficult to acquire
The issue in this case was the assignment of goodwill in a trust in the context of a divorce.
Good experts on both sides make appeal difficult
The issue in this marital dissolution was the value of the couple’s interest in multiple restaurants.
Affects of Sept. 11, 2001, Considered in Lost Profits Determination Involving California Restaurant
The California Court of Appeals, 1st District, reversed a lost profits award in this tortious interference with a business expectancy case involving a restaurant.