Chiropractic Practices
This industry comprises establishments of health practitioners having the degree of D.C. (Doctor of chiropractic) primarily engaged in the independent practice of chiropractic. These practitioners provide diagnostic and therapeutic treatment of neuromusculoskeletal and related disorders through the manipulation and adjustment of the spinal column and extremities, and operate private or group practices in their own offices (e.g., centers, clinics) or in the facilities of others, such as hospitals or HMO medical centers.
In re Marriage of Brown
In this Illinois divorce case, the appellate court affirmed the circuit court’s determination of value of the husband’s business by the husband’s expert even though evidence was presented that the expert did not follow the AICPA Business Valuation Standards. Further, the husband’s expert did not consider any enterprise goodwill and used an unorthodox method to determine the value of the business. The wife’s expert asserted that the husband’s expert did not provide a fair market value but rather did a “calculation.” The appellate court also affirmed the circuit court’s decision not to exclude the testimony of the husband’s expert witness.
Illinois Appellate Court Does Not Accept Valuation Including Enterprise Goodwill
In this Illinois divorce case, the appellate court affirmed the circuit court’s determination of value of the husband’s business by the husband’s expert even though evidence was presented that the expert did not follow the AICPA Business Valuation Standards. Further, the husband’s expert did not consider any enterprise goodwill and used an unorthodox method to determine the value of the business. The wife’s expert asserted that the husband’s expert did not provide a fair market value but rather did a “calculation.” The appellate court also affirmed the circuit court’s decision not to exclude the testimony of the husband’s expert witness.
In COVID-19 Business Interruption Case, Court Finds Business Cannot Show Insurer’s Coverage Denial Breached Contract
In business interruption case resulting from mandatory shutdowns to control COVID-19, court finds plaintiff chiropractic clinic failed to show insurer breached its policy; court says plaintiff did not demonstrate “tangible damage” to property and failed to overcome policy’s express virus exclusion.
Turek Enterprises, Inc. v. State Farm Mutual Automobile Insurance Co.
In business interruption case resulting from mandatory shutdowns to control COVID-19, court finds plaintiff chiropractic clinic failed to show insurer breached its policy; court says plaintiff did not demonstrate “tangible damage” to property and failed to overcome policy’s express virus exclusion.
Expert’s Best-Effort Medical Practice Valuation Holds Up on Appeal
Appeals court upholds medical practice valuation despite gaps in expert analysis, including failure to analyze goodwill and exclude premarriage value portion of practice; expert’s job was “complicated” due to owner-spouse’s noncompliance with discovery.
Ramundo v. Ramundo
Appeals court upholds medical practice valuation despite gaps in expert analysis, including failure to analyze goodwill and exclude premarriage value portion of practice; expert’s job was “complicated” due to owner-spouse’s noncompliance with discovery.
Expert’s Best-Effort Medical Practice Valuation Holds Up on Appeal
Appeals court upholds medical practice valuation despite gaps in expert analysis, including failure to analyze goodwill and exclude premarriage value portion of practice; expert’s job was “complicated” due to owner-spouse’s noncompliance with discovery.
May a Divorce Court Presume Noncompete in Valuing a Professional Practice?
Oregon court adopts majority rule, finding it improper to predicate the value of a professional practice on a non-compete.
Slater v. Slater
Oregon court adopts majority rule, finding it improper to predicate the value of a professional practice on a noncompete.
Rebuttal Expert Proves Key in Proving Enterprise Goodwill for Chiropractic Practice in Divorce
Trial court has the discretion to rely primarily on rebuttal expert’s testimony to assign a zero value to the enterprise goodwill of a chiropractic practice.
Helfer v. Helfer (II)
Trial court has the discretion to rely primarily on rebuttal expert’s testimony to assign a zero value to the enterprise goodwill of a chiropractic practice.
Error Not to Address Enterprise Goodwill
Courts that follow majority rule re: distinction of enterprise/professional goodwill in divorce need to make a compete record of valuation findings and rationale.
Helfer v. Helfer (I)
Courts that follow majority rule re: distinction of enterprise/professional goodwill in divorce need to make a compete record of valuation findings and rationale.
Becker v. Perkins-Becker
At issue is the admittance of expert testimony.
Timothy Bun Hammers v. Stephanie Evonne (Gilliam) Hammers
The Mississippi Court of Appeals affirmed the trial court’s decision in excluding the husband’s valuation expert because the expert was not identified as a witness until the week before trial. In reaching this decision, the court declined to give any cred ...
Late Disclosure of Valuation Expert Resulted in Expert’s Exclusion
The Mississippi Court of Appeals affirmed the trial court’s decision in excluding the husband’s valuation expert because the expert was not identified as a witness until the week before trial. In reaching this decision, the court declined to give any cred ...
Joseph Teff, D.C., et al. v. Unity Health Plans Insurance Corporation
The Wisconsin Court of Appeals affirmed a lower court’s award of lost profits in this breach of contract action.
GS Roofing Products Company, Inc., et al. v. Surface Transportation Board
The U.S. Court of Appeals for the Eighth Circuit affirmed the Surface Transportation Board’s valuation of a rail line using the net liquidation value. The appellate court found that the rail line should be valued at not less than the net liquidation value ...
Going Concern Value Must Be Reliable
The U.S. Court of Appeals for the Eighth Circuit affirmed the Surface Transportation Board’s valuation of a rail line using the net liquidation value. The appellate court found that the rail line should be valued at not less than the net liquidation value ...
In re the Marriage of Mally
At issue is the valuation of husband's chiropractic practice.
Valuation of chiropractic practice based on personal knowledge, noncompete considerations
The valuation issue in this marital dissolution concerned the value of the husband's chiropractic professional corporation. On de novo review, the court valued the corporation at $240,000.
Court assigns no value to control without ownership
Dr. Thomas F. Clukey is the sole owner of Thomas F. Clukey, D.C., P.C - a chiropractic practice. In late 1994, he, along with his two brothers, established Multicare Physicians & Reha ...
Clukey v. Clukey
At issue is the valuation of husband's chiropractic business.
Cutsinger v. Cutsinger
Issue is whether trial court erred in awarding wife a thirty percent (30%) interest as a seller in the contract of sale of husband's chiropractic practice.