Convenience Stores
This industry comprises establishments known as convenience stores or food marts (except those with fuel pumps) primarily engaged in retailing a limited line of goods that generally includes milk, bread, soda, and snacks.
Hardiman v. Woodlands Store, Inc.
This appeal in a California court involved a dispute over an appraisal of the plaintiffs’ 15% interest in a grocery store the defendant operated. The plaintiffs alleged that the award of the superior court was obtained by fraud and that the arbitrator prejudiced their rights. The appellate court found no basis for “disturbing” the appraisal-arbitration award.
Appellate Court (California) Declines to Set Aside Appraisal and Decision of Arbitrator
This appeal in a California court involved a dispute over an appraisal of the plaintiffs’ 15% interest in a grocery store the defendant operated. The plaintiffs alleged that the award of the superior court was obtained by fraud and that the arbitrator prejudiced their rights. The appellate court found no basis for “disturbing” the appraisal-arbitration award.
Supermarkets/Grocery Stores
This industry comprises establishments generally known as supermarkets and other grocery retailers (except convenience retailers) primarily engaged in retailing a general line of food, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry. Included in this industry are delicatessen-type establishments primarily engaged in retailing a general line of food.
Sullivan v. Loden
In this malpractice case against an estate attorney, the attorney was denied a summary judgment. The primary issue related to the attorney’s valuation of stock of a family business that was gifted to two of the four children of the decedent. While an “equalization payment” was made to each of the two remaining children, one of these two sued the attorney for both breach of fiduciary duty and for undervaluing the stock gifted, resulting in an underpaid equalization payment.
Estate Attorney Is Denied a Summary Judgment for Alleged Incorrect Valuation of Gifts of Stock—Malpractice Case Proceeds
In this malpractice case against an estate attorney, the attorney was denied a summary judgment. The primary issue related to the attorney’s valuation of stock of a family business that was gifted to two of the four children of the decedent. While an “equalization payment” was made to each of the two remaining children, one of these two sued the attorney for both breach of fiduciary duty and for undervaluing the stock gifted, resulting in an underpaid equalization payment.
Lund v. Lund (II)
Appeals court upholds district court’s buyout order of minority shareholder’s interests in related family businesses (grocery store chain) as well as district court’s fair value determination; district court’s valuation “falls squarely” between trial experts’ valuations, appeals court says.
In Big Buyout Ruling, Minnesota Court Rejects DLOM in Calculating Fair Value
In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.
In Big Buyout Ruling, Minnesota Court Rejects DLOM in Calculating Fair Value
In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.
Lund v. Lund (I)
In a forced buyout, court says experts were too partisan to their clients, compromising value analysis; court performs its own valuation using DCF to determine fair value of grocery business and rejects DLOM because no unfair transfer of wealth occurs.
Court Excludes Pro Forma-Based Economic Damages Analysis
Court excludes plaintiffs’ DCF-based damages calculation, finding it suffers from “garbage-in, garbage-out” problem; plaintiffs’ experts based cash flow analysis on defendant’s preliminary projections rather than subsequently available actual sales data.
Bruno v. Bozzuto’s, Inc.
Court excludes plaintiffs’ DCF-based damages calculation, finding it suffers from “garbage-in, garbage-out” problem; plaintiffs’ experts based cash flow analysis on defendant’s preliminary projections rather than subsequently available actual sales data.
Winn-Dixie Stores, Inc. v. Dolgencorp, LLC
Appeals court affirms Daubert exclusion of plaintiff's damages expert because she analyzed the wrong problem and her conclusion did not assist the trier of fact; also, her economic model and regression analysis failed to measure “effect of the violation.”
Bernier Trial Court Gets Tax Affecting Wrong Once Again
Massachusetts Court of Appeals remands the case—for the second time—to the trial court for an appropriate valuation of the parties’ S corporations, including a tax affecting according to the “Kessler metric” (adopted from the Delaware Chancery Court).
Bernier v. Bernier (II)
Massachusetts Court of Appeals remands the case—for the second time—to the trial court for an appropriate valuation of the parties’ S corporations, including a tax affecting according to the “Kessler metric” (adopted from the Delaware Chancery Court).
Second Post-Bernier Court Says Income Approach May Be Preferred, But Not Exclusive
Massachusetts court precludes discounts in valuing marital business in divorce, and says that while income approach is preferred, net asset value may be appropriate in the absence of determinable market value.
Palmerino v. Palmerino
Massachusetts court precludes discounts in valuing marital business in divorce, and says that while income approach is preferred, net asset value may be appropriate in the absence of determinable market value.
Debate Over Tax Affecting Plays Out in New Divorce Case
Massachusetts Supreme Court applies tax-affecting analysis to valuation of Subchapter S corporations in divorce.
Which is More Credible: an Owner’s Projections or Those Used for Financing?
Which is more credible: owner’s testimony regarding weekly sales forecasts or the forecasts he prepared to secure financing?
Aukeman v. Aukeman
Which is more credible: owner’s testimony regarding weekly sales forecasts or the forecasts he prepared to secure financing?
Divided New Hampshire Supreme Court Considered Time-Rule
A divided New Hampshire Supreme Court considered the proper method to characterize and distribute unvested stock option granted during the marriage. The majority concluded that unvested stock options should be included in the marital community if they wer ...
In The Matter Of Lisalynn M. Valence v. David P. Valence
A divided New Hampshire Supreme Court considered the proper method to characterize and distribute unvested stock option granted during the marriage. The majority concluded that unvested stock options should be included in the marital community if they wer ...
Bernier v. Bernier (I)
Massachusetts Supreme Court applies tax affecting analysis to valuation of subchapter S corporations in divorce.
Corporate Wrongdoing Plays Role in Corporate Valuation, If Adverse Impact Shown
Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.
In the Matter of Markman
Allegations of mismanagement/misappropriation are relevant to fair market valuation of a corporation in a statutory appraisal action.