Nix v. Nix
This case concerned an appeal of a trial court opinion in a divorce case in Indiana. The trial court based the value of a warehousing and logistics business on an offer to purchase the business the daughter of the divorcing parties presented at trial. The mother, the owner operator of the business, rejected the offer, made prior to the filing for dissolution of marriage. The appellate court remanded the decision of the trial court for revaluation of the business with instructions to determine a value within the valuation conclusions experts submitted for each party at trial.
Indiana Appellate Court Remands Value of Business—Trial Court Value Based on a Defective Offer to Purchase
This case concerned an appeal of a trial court opinion in a divorce case in Indiana. The trial court based the value of a warehousing and logistics business on an offer to purchase the business the daughter of the divorcing parties presented at trial. The mother, the owner operator of the business, rejected the offer, made prior to the filing for dissolution of marriage. The appellate court remanded the decision of the trial court for revaluation of the business with instructions to determine a value within the valuation conclusions experts submitted for each party at trial.
Adjusting Appraisals, Court Estimates ESOP Target’s Value
After determining defendants breached fiduciary ERISA duties in ESOP transaction, the federal court adjusts two nearly contemporaneous valuations of the target company to arrive at a “reasonable estimate” of the target’s fair market value ...
Chesemore v. Alliance Holdings, Inc. (II)
After determining defendants breached fiduciary ERISA duties in ESOP transaction, the federal court adjusts two nearly contemporaneous valuations of the target company to arrive at a “reasonable estimate” of the target’s fair market value and the plaintif ...
Interdisciplinary Appraisal Cannot Prevent Incomplete Valuation
In valuing husband’s partnership interest in rental-storage business, trial court could consider income-capitalization or cost approach and adopt valuation that included non-controlling (minority) interest discount of 33% based on real estate appraiser’s ...
Pappas v. Pappas
In valuing husband’s partnership interest in rental-storage business, trial court could consider income capitalization or cost approach and adopt valuation that included non-controlling (minority) interest discount of 33% based on real estate appraiser’s ...
Management Buyout Fraught With Flawed ESOP Valuations
Federal district court makes extensive finding regarding breaches of fiduciary duties for ESOP trustees that caused company to enter heavily leveraged buyout despite falling forecasts and flawed valuations marred by manager conflicts of interest.
Chesemore v. Alliance Holdings, Inc. (I)
: Federal district court makes extensive finding regarding breaches of fiduciary duties for ESOP trustees that caused company to enter heavily leveraged buyout despite falling forecasts and flawed valuations marred by manager conflicts of interest.
Signature Distribution Services, Inc. v. James E. Wright, et al.
The North Carolina Court of Appeals affirmed a lost profits award.
George M. Unruh v. Leanna L. Unruh
The Kansas Court of Appeals determined that the amount of Subchapter S distributions that should be included in the husband’s income for child support purposes was limited to the amount of earnings actually received less the income taxes due on the share ...
Subchapter S Earnings Available for Child Support Considered
The Kansas Court of Appeals determined that the amount of Subchapter S distributions that should be included in the husband’s income for child support purposes was limited to the amount of earnings actually received less the income taxes due on the share ...
Arnold D. Waller v. American International Distribution Corporation, et al.
The Vermont Supreme Court affirmed the lower court valuation of a company using the discounted future earning method in a oppressed shareholder action. The Supreme Court further affirmed the lower court's normalization of the company's earnings and the r ...
Minority Discount Inapplicable Where Majority Oppression Evidenced
The Vermont Supreme Court affirmed the lower court valuation of a company using the discounted future earning method in a oppressed shareholder action.