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Demenno v. Demenno

The Alaska Supreme Court affirmed the judgment of the trial court in determining the value of active appreciation and affirmed that the property in question remained the husband’s separate property and did not transmute to the marital estate.

Supreme Court (Alaska) Affirms Trial Court Calculation of Active Appreciation

The Alaska Supreme Court affirmed the judgment of the trial court in determining the value of active appreciation and affirmed that the property in question remained the husband’s separate property and did not transmute to the marital estate.

Hornberger v. Dave Gutelius Excavating, Inc.

Valuation of shares of terminated stockholder based on shareholder agreement that requires calculation of adjusted net book value and specified adjustments may include discounts, where discounts are consistent with industry practice, appellate court says.

Industry Practice Supports Discounts in Stock Redemption Valuation

Valuation of shares of terminated stockholder based on shareholder agreement that requires calculation of adjusted net book value and specified adjustments may include discounts, where discounts are consistent with industry practice, appellate court says.

ESOP Trustee Evaded Fiduciary Duties by Delegating Valuation

Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.

ESOP Trustee Evaded Fiduciary Duties by Delegating Valuation

Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.

Perez v. First Bankers Trust Services, Inc.

Court finds ESOP trustee liable for causing plan to overpay; trustee “delegated” valuation to ESOP valuator without inquiring into valuation components, including projections, and without exploring “glaring” gaps (industry analysis) in valuation report.

Applying Statutory Fair Value Discounts From Shareholder Dissent to Oppression Cases

Court analogizes shareholder oppression to dissent cases.

Edler v. Edler

Court analogizes shareholder oppression to dissent cases.

Valuation Rejected when Improper Valuation Date Was Used

The Wisconsin Court of Appeals reversed the lower court's valuation of a business which was based on the value of the auditing company two years prior to the close of the trial. The court found no extenuating circumstances warranting the use of an old ap ...

In re the Marriage of: Jacquelyn R. Brotherton v. Paul E. Brotherton

The Wisconsin Court of Appeals reversed the lower court's valuation of a business which was based on the value of the auditing company two years prior to the close of the trial. The court found no extenuating circumstances warranting the use of an old ap ...

Connie Faye Cantrell Craft v. Alfred M. Craft

The Louisiana Court of Appeals, Second Circuit affirmed a reimbursement claim to the marital community for the increase in value of a separate property business asset. The increase was computed based solely on the increase in shareholder’s equity over thi ...

Reimbursement Award Based on Increase in Shareholder’s Equity

The Louisiana Court of Appeals, Second Circuit affirmed a reimbursement claim to the marital community for the increase in value of a separate property business asset. The increase was computed based solely on the increase in shareholder’s equity over thi ...

Debt included in net asset valuation

The issue in this marital dissolution case was whether the trial court erred when it included certain debts in the net asset valuation of the parties' business, Drake Excavating.

Drake v. Drake

The issue in this marital dissolution case was whether the trial court erred when it included certain debts in the net asset valuation of the parties' business.

Valuation of appreciation requires three-step process; Capital gains credit awarded with no intent to sell

The primary issue in this case was valuation and division of the appreciation in the value of husband's business, Charles Hamilton Excavating Co. (CHEC).

Hamilton v. Hamilton

The primary issue in this case was valuation and division of the appreciation in the value of husband's business.

A.E. Sanders v. J.W. Snyder Construction Company, Inc.

The Alabama Court of Civil Appeals reversed a jury's award for breach of contract damages.

Breach of Contract Limited to Amount Earned

The Alabama Court of Civil Appeals reversed a jury's award for breach of contract damages.

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