Garris v Smith's G&G
The underlying case involved a contractual dispute between Smith’s G & G, LLC (Smith’s), the collective group of purchasers of a small country store, and the seller, Garris. Finding that Garris fraudulently misrepresented the amount of the business ...
Event Study Analysis Rejected When Other Possible Events Not Considered
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Penn Mart Supermarkets, Inc. v. New Castle Shopping, LLC
The Delaware Court of Chancery rejected a lost profits computation based on an event study analysis that failed to consider all possible events that may have resulted in the lost profits in this breach of a protective convent in a lease case.
Evidence of USPAP Violation Does Not Establish Appraiser’s Negligence Per Se
Olympic Coast Investment Inc., and individual investors (collectively OCI) hired Paul Iverson to conduct an independent appraisal of a gas station and convenience store for the purpose of making a loan in connection with the sale of the business.
Nevada Condemnation Valuation Exception Explained
This condemnation case presented the issue of valuing a business to which franchise licenses for the business could no longer be obtained.
Redevelopment Agency of the City of San Diego v. Attisha
California Court of Appeals approves use of comparable sales data from Pratt's Stats (and other) databases for use in determining goodwill value of businesses taken by eminent domain ...
Purchase Price May Be Stated as a Formula When Electing to Purchase Closely Held Stock to Avoid Corporate Dissolution
The Illinois Court of Appeals, 5th District, concluded that a shareholder in a private company seeking to avoid dissolution under section 12.56 of the Business Corporation Act of 1983 (Act) (805 ILCS5/12.56 (West 2002)) by making an election to repurchase the shares under 12.56 (f) may state the repurchase price as a formula or as a dollar amount.
Olympic Coast Investment, Inc. v. Gadini
The court in this case ruled that evidence that an appraiser failed to follow USPAP did not prove the appraiser's negligence per se, but had to be presented to the jury for a determination on negligence.
Bidwell v. Bidwell (II)
At issue is the valuation of couple's grocery business.
Bidwell denied sale of business on motion to reconsider
The Oregon Court of Appeals allowed the husband's motion to reconsider its decision to uphold the property division in Bidwell v. Bidwell (abstracted in J&L BVU October 2000).
Bernier v. Bernier (2003)
Bernier v. Bernier (2003) US Massachusetts State Court Family Court Kaplan 5411 Grocery Stores 445110 Supermarkets and Other Grocery (except Convenience) Stores ...
Value set by EBITDA but debt not deducted
In this marital dissolution, the court of appeals upheld the trial court's valuation of the husband's 50% interest in Rick & Vic's , a corporation that operates a Piggly Wiggly store under franchise.
In re the Marriage of Franzen
At issue is the valuation of the husband's interest in a closely-held food corporation.
Home Pride Foods, Inc. v. Christopher S. Johnson, et al.
The Nebraska Supreme Court reversed and remanded a lost profits determination in this trade secret case. The court noted that lost profits are based on net profits, not gross profits. Since no evidence of Home Pride’s net profits were in evidence, the cou ...
Reasonable Royalty and Permanent Injunction Constitute Double Recovery
The Nebraska Supreme Court reversed and remanded a lost profits determination in this trade secret case. The court noted that lost profits are based on net profits, not gross profits. Since no evidence of Home Pride’s net profits were in evidence, the cou ...
Fair market value scrutinized in divorce
Suzanne Crismon, appellant, and John Crismon, appellee, divorced in September 1996, and entered into a property settlement agreement.
FMV standard in divorce scrutinized
Suzanne Crismon , appellant, and John Crismon , appellee, divorced in September 1996, and entered into a property settlement agreement. The agreement allowed Mrs. Crismon to take over Mr.
Crismon v. Crismon
At issue is the valuation of husband's interest in two convenience stores and certain commercial property.
Fair Market Value Upheld as the Appropriate Standard of Value
The Arkansas Court of Appeals affirmed the lower court’s use of fair market value as the standard of value in this case.
County of Du Page v. Property Tax Appeal Board
The Illinois Court of Appeals reversed the lower court's decision to reduce the fair cash value of commercial property by the value of the property's right to use a parking lot on an adjacent property. The appellate court found that the reduction was imp ...
Value of Commercial Real Estate Includes Right to Use Parking on Separate Parcel
The Illinois Court of Appeals reversed the lower court's decision to reduce the fair cash value of commercial property by the value of the property's right to use a parking lot on an adjacent property.
'Fair Value' Relevant to Fiduciaries' Liability for Breach of Duty
Plaintiffs filed this shareholder derivative action seeking damages against defendant Telemachus Demoulas for fraud, conversion, and breach of fiduciary duty arising out of his conduct as co-executor of the estate of George Demoulas.
Demoulas v. Demoulas
At issue is the admittance of expert testimony.
Stock Repurchase Agreement Not Controlling; Tax Court Applies 40% Marketability Discount
Ann Brookshire owned 219,710 shares of common stock in Brookshire Grocery Co., representing 9.79% of the total shares outstanding, at the time of her death on Nov. 20, 1993.
Brookshire v. Commissioner
At issue is the value, as of the date of decedent's death, of 106,826 shares of common stock of a closely held family corporation.