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Delores Skinner, et al. v. Robert Thomas

The Missouri Court of Appeals, Eastern District, reversed a jury's award of damages for breach of an agreement to share profits from a restaurant/lounge.

Evidence of Overhead Expenses Required to Uphold Calculation of Partnership’s Profits

The Missouri Court of Appeals, Eastern District, reversed a jury's award of damages for breach of an agreement to share profits from a restaurant/lounge.

Alternative Measures of Damages Are Not Cumulative

The 7th Circuit Court of Appeals affirmed a jury's award of damages for fraudulent misrepresentation, unjust enrichment, and promissory estoppel based on an agreement to transfer an ownership interest in a restaurant in exchange for legal services.

Barry C. Cosgrove v. Joseph Bartolotta, et al.

The 7th Circuit Court of Appeals affirmed a jury's award of damages for fraudulent misrepresentation, unjust enrichment, and promissory estoppel based on an agreement to transfer an ownership interest in a restaurant in exchange for legal services.

David K. Wachtel, Jr. v. The Western Sizzlin Corporation

The Tennessee Court of Appeals declined to grant Western Sizzlin summary judgment on Wachtel's claim for special damages.

Anticipated Increase in Stock’s Value May Be Recoverable as Special Damages

The Tennessee Court of Appeals declined to grant Western Sizzlin summary judgment on Wachtel's claim for special damages.

Tax Court Applies 40% Combined Discount to Arrive at Fair Market Value

Before the Tax Court, for purposes of determining the taxable gifts of Royal G. Furman, and the taxable gifts and taxable estate of Maude G. Furman, is the determination of the fair market value of shares in Furman's Inc. (FIC), a closely held company.

Estate of Furman v. Commissioner

Business Valuation and Taxes: Procedure, Law and Perspective ...

William I. Stewart v. Alice Despard

The Virginia Court of Appeals affirmed the trial court's valuation and division of a marital business, a restaurant-bar. The trial court split the difference between the parties' valuations. However, it criticized the husband's expert regarding the sale.

Court Considered Comparable Sale and Husband’s Direct Competition in Valuing the Parties’ Restaurant/Bar

The Virginia Court of Appeals affirmed the trial court's valuation and division of a marital business, a restaurant-bar. The trial court split the difference between the parties' valuations. However, it criticized the husband's expert regarding the sale.

Michael Munao and Charlene Munao v. Nicholas Lagattuta, et al.

The Illinois Court of Appeals, 3rd Division, affirmed the lower court's valuation of collateral—a restaurant's fixed assets and inventory.

Roden v. Roden

At issue is the valuation of the couple's ice cream business.

A system for valuing a restaurant business

The essence of the Richard Ayers Restaurant Valuation System is net assets, adjusted to fair market value, plus up to two times reconstructed cash flow after reasonable owner’s compensation.

Expert Disqualified per Daubert Case

The issue in this case was the defendants' motion to exclude from trial, pursuant to Federal Rules of Evidence 104(a) and 702, and Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993), the testimony of Hugh Penny, a C.P.A., plaintiffs' putative financial expert on the value of Plaintiffs' Animated Playhouse Corp. (APC) shares and Andrew Whelan's lost employment income from APC.

Court Determines Feasibility Requirements Not Met

The charge of the Bankruptcy Court was to determine whether the requirements for confirmation of a Chapter 13 personal bankruptcy reorganization were met, or whether the Chapter 7 liquidation case should be reopened.

Wife presents no expert; court rejects husband's account/attorney's testimony

At issue is whether the trial court improperly valued three corporations owned by respondent as having a value to the marital estate of $300,000, when the only expert testimony at trial indicated that the corporations had a fair market value of $0.

Whelan v. Abell

At issue is plaintiff's third claim for damages for loss of an opportunity to develop certain T.J. Applebee's restaurants.

Blackstone v. Blackstone

At issue is whether the trial court improperly valued three corporations owned by respondent as having a value to the marital estate of $300,000, when the only expert testimony at trial indicated that the corporations had a fair market value of $0.

Nesser v. Boston Restaurants

At issue is the valuation of debtor's fifty percent interest in Boston Restaurants.

McDonald's Corp., et al. v. Brentwood Center, Ltd.

The Colorado Court of Appeals remanded the lower court's determination of lost profits stemming from a breach of lease agreement containing a restrictive covenant.

Present Value of Lost Future Profit Required

The Colorado Court of Appeals remanded the lower court's determination of lost profits stemming from a breach of lease agreement containing a restrictive covenant.

Directors Breach Fidcuiary Duty; Damages Not Limited to Fair Value

This abstract summarizes certain key points in a dissent from a May 5, 1988, merger that squeezed out minority stockholders.

Ryan v. Tad's Enterprises

At issue is the valuation of Tad's Enterprises.

Rigel Corporation v. Gregory S. Cutchall

At issue is the fair value, including interest, of the shares of common stock held by the defendant-appellant.

Rigel Corp. v. Cutchall

The plaintiff, Rigel Corp., brought this action under Nebraska dissenting shareholder statutes seeking a determination of the fair value of defendant stockholder’s 20% interest in Rigel/Chix Inc., a corporation that was merged into Rigel.

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