Bocek v. JGA Assocs., LLC
Court rejects expert’s loss of business opportunity and lost earnings calculations, finding capitalization of earnings method is inappropriate for valuing company with unstable earnings and lost salary projections are based on “incomplete use” of data.
Healthcare v. Orr
Appeals court says noncompete/nonsolicitation clauses accompanying sale of solo practitioner’s medical practice to large healthcare provider are unenforceable where buyer allocated zero dollar value to practice’s goodwill; court strikes down injunction.
Nieman v. Nieman
Appeals court says consideration of tax consequences related to owner-spouse’s business is “too speculative” because owner has no plan to sell in near future; trial court improperly assumed current tax rates and business interests would remain constant.
Court Rejects Flat Prohibition Against Double Dipping
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
Gallo v. Gallo
Appeals court finds Ohio statute requires trial court to consider income from all sources in calculating spousal support and overrules Heller I to extent Heller imposes a flat prohibition against double dipping; mandate is to ensure fairness and equity.
Courts Decry Expert’s Failure to Explore Different Ways to Develop FMV
Appeals court affirms trial court’s valuation of medical practices based on buyout provisions where wife’s expert made no attempt to ascertain businesses’ FMV by any other valuation method.
Expert’s Calculation Report Fails to Yield ‘Actual Fair Valuation’
Appellate court affirms trial court’s rejection of expert opinion where expert only prepared a “calculation of value,” based on the method the client determined and without the materials necessary to opine on the “actual fair valuation” of the company.
Burstein v. Burstein
Appeals court affirms trial court’s valuation of medical practices based on buyout provisions where wife’s expert made no attempt to ascertain businesses’ FMV by any other valuation method.
Surgem, LLC v. Seitz
Appellate court affirms trial court’s rejection of expert opinion where expert only prepared a “calculation of value,” based on the method the client determined and without the materials necessary to opine on the “actual fair valuation” of the company.
Expert’s Valuation Method Precludes Improper Inclusion of Goodwill
In using the capitalization of earnings method to value husband’s medical practice, the wife’s expert did not improperly include personal goodwill, the appellate court finds; the valuation rested on actual earnings with some adjustment for reasonable comp ...
Court Affirms FMV Determination for S Corp Medical Practice
Appellate court affirms lower court’s Fair Market Value (FMV) determination of husband’s S Corp. medical practice, which incorporates goodwill value the wife’s expert calculated based on the Goodwill Registry.
Sharp v. Sharp
In using the capitalization of earnings method to value husband’s medical practice, the wife’s expert did not improperly include personal goodwill, the appellate court finds; the valuation rested on actual earnings with some adjustment for reasonable comp ...
Gentile v. Gentile
Appellate court affirms lower court’s Fair Market Value (FMV) determination of husband’s S corp. medical practice, which incorporates goodwill value the wife’s expert calculated based on the Goodwill Registry.
Court Affirms Excess Earnings Method for Goodwill Calculation
State Court of Appeals affirms expert’s use of excess earnings method to determine value of husband’s interest in large medical practice finding the calculation properly separated personal from enterprise goodwill.
Unclear Discount of Medical Practice Value Causes Remand
Appellate court rules doctor husband who knew his expert was the only appraiser of his practice cannot blame trial court for relying on expert’s unclear discount in valuation.
Burnett v. Burnett
State Court of Appeals affirms expert’s use of excess earnings method to determine value of husband’s interest in large medical practice finding the calculation properly separated personal from enterprise goodwill.
Peltzer v. Peltzer
Appellate court rules doctor husband who knew his expert was the only appraiser of his practice cannot blame trial court for relying on expert’s unclear discount in valuation.
Doctor Has Only $1 Interest in the Practice, According to Buy-Sell
A medical partnership’s exclusive contract to provide anesthesiology services to a hospital is an intangible asset, but since buy-sell agreement limits wife’s interest to $1.00, the court finds she has no ownership interest in the business and the contrac ...
Buy-Sell Agreements Receive Varying Consideration in Divorce: In re Marriage of Baker
Court of Appeals affirms finding that buy-sell agreement limits spouse’s interest in medical clinic to $1,000.
In re Marriage of Gelman
A medical partnership’s exclusive contract to provide anesthesiology services to a hospital is an intangible asset, but since buy-sell agreement limits wife’s interest to $1.00, the court finds she has no ownership interest in the business and the contrac ...
In re Marriage of Baker
Court of Appeals affirms finding that buy-sell agreement limits spouse’s interest in medical clinic to $1,000.
Medical Practice Value Deals With ‘Murky’ and ‘Suspect’ Accounts
Without any evidence of shareholder oppression, court finds that buyout price for terminated shareholder of three-person pediatric practice is limited to book value, as defined in the buy-sell agreement.
Rughani-Shah v. Noaz
Without any evidence of shareholder oppression, court finds that buy-out price for terminated shareholder of 3-person pediatric practice is limited to book value, as defined in the buy-sell agreement.
Kentucky Struggles With Majority Rule to Value Goodwill in Divorce
Kentucky court finds personal goodwill value of the husband’s 25% interest in a regional anesthesiology practice to be negligible.
Accounts Receivable Supply Minimum Value for Neurosurgery Practice
Divorce court values medical practice based solely on accounts receivable, largely due to lack of evidence and cooperation from owner-spouse.