Cronan v. Cronan
This case concerned an appeal of a family court magistrate’s decision as to the value of marital assets and the distribution thereof and denial of alimony to the wife. The plaintiff, the husband, is a physician shareholder in a medical imaging practice. The practice had a shareholder agreement that provided for the price to buy into and sell out of the practice. The wife’s expert determined the value of the husband’s shares under the fair market value standard but the trial court and supreme court went with the agreement value.
Rhode Island Supreme Court Affirms Value of Interest in Medical Practice Per Shareholder Agreement and Equitable Distribution of Assets
This case concerned an appeal of a family court magistrate’s decision as to the value of marital assets and the distribution thereof and denial of alimony to the wife. The plaintiff, the husband, is a physician shareholder in a medical imaging practice. The practice had a shareholder agreement that provided for the price to buy into and sell out of the practice. The wife’s expert determined the value of the husband’s shares under the fair market value standard but the trial court and supreme court went with the agreement value.
Harrison v. Envision Mgmt. Holding, Inc.
The U.S. District Court (Colorado) denied a motion to compel arbitration the defendants brought in a case the plaintiff participants brought (a purported class action) in an ESOP the defendant company, et al. established. “The Plaintiff argues that the Defendants’ actions related to the sale caused him and all other ESOP participants to suffer significant losses to their ESOP retirement savings.” The court denied the motion.
U.S. District Court Denies Motion of Defendants in an ESOP Case to Compel Plaintiff Into Arbitration
The U.S. District Court (Colorado) denied a motion to compel arbitration the defendants brought in a case the plaintiff participants brought (a purported class action) in an ESOP the defendant company, et al. established. “The Plaintiff argues that the Defendants’ actions related to the sale caused him and all other ESOP participants to suffer significant losses to their ESOP retirement savings.” The court denied the motion.
Radiologix, Inc. v. Radiology & Nuclear Medicine, LLC
Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.
Under Daubert, Damages Calculation Need Not Replicate Corporate Structure
Court admits expert calculation that determines one set of damages for two related plaintiff entities and that relies on data from nonparty parent entity; court finds calculation need not precisely track corporate structure to meet Daubert requirements.
Expert’s FMV Analysis Aligns With Applicable Healthcare Law
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
Expert’s FMV Analysis Aligns With Applicable Healthcare Law
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
United States ex rel. Lutz v. Berkeley Heartlab, Inc.
In healthcare case centering on Anti-Kickback Statute, court finds government expert’s FMV analysis of physician services, which excludes value and volume of referrals, accords with standard applying to AKS cases and is admissible under Daubert.
Usurped Opportunity Case Justifies Use of Defendant’s Profits
Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”
St. Alphonsus Diversified Care, Inc. v. MRI Associates, LLP
Appeals court validates expert’s use of defendant’s net profits as measure of damages in usurped business opportunity case; hypothesizing a facility that the plaintiff could have had and the profits it might made in competition “would not make sense.”
Valuing Damages for Breach of Oral Contract Poses Problems
Federal district court limits expert calculation of damages for breach of oral contract to the terms of the alleged agreement and bars testimony based on any written offers or industry practice.
Kia v. Imaging Sciences International
Federal district court limits expert calculation of damages for breach of oral contract to the terms of the alleged agreement and bars testimony based on any written offers or industry practice.
Divorce Court Accepts Double-Dipping Argument From BV Analyst
Expert successfully uses “double-dipping” argument to persuade court to adopt reasonable compensation figure for determining maintenance.
In re Marriage of Porter
Expert successfully uses “double-dipping” argument to persuade court to adopt reasonable compensation figure for determining maintenance.
Must-Read Opinion From Chancery Court on Tax Affecting, DCF Discounts, and More
“Must-read” opinion from Delaware Chancery Court on tax affecting, DCF discounts, and more.
Delaware Open MRI Radiology Associates, P.A. v. Kessler, et al.
“Must-read” opinion from Delaware Chancery Court on tax affecting, DCF discounts, and more ...
Cheryl Pete Grigsby v. Frederick J. Grigsby, Jr.
The Minnesota Court of Appeals affirmed a lower court’s characterization of an employment-separation agreement executed one month following the divorce trial as marital property. It found that the agreement’s release of liability released claims that aros ...
Proceeds of Employment-Separation Agreement Are Marital Property
The Minnesota Court of Appeals affirmed a lower court’s characterization of an employment-separation agreement executed one month following the divorce trial as marital property. It found that the agreement’s release of liability released claims that aros ...
South Tulsa Laboratory, Inc. v. CIR
The Tax Court determined that the clinical business South Tulsa spun-off was not eligible for nontax treatment under IRC sec. 355 because on the same day the spin off occurred the new business was sold. The Tax Court found that the spin off violated a qua ...
Actual Sale Is the Best Evidence of FMV
The Tax Court determined that the clinical business South Tulsa spinoff was not eligible for nontax treatment under IRC sec. 355 because, on the same day the spinoff occurred, the new business was sold.
Southern Colorado MRI, Ltd. v. Med-Alliance, Inc.
The U.S Court of Appeals for the 10th Circuit reversed the lower court's calculation of damages stemming from a breach of contract to purchase a MRI clinic.
Taylor v. Taylor
One issue in this case was the valuation of a medical laboratory.