Appeals Court Decides Trial Court Abused Its Discretion in Choosing the Method of Determining Damages
In this case alleging damages to a soybean crop, a Louisiana court of appeals determined that the trial court abused its discretion when it chose an expert's methodology for calculating damages, as another methodology was supported by the record and was not overly speculative; a reduced damage award was appropriate. The trial court affirmed two other issues regarding evidence of cause of damages and the issue of standing as to who owned the land and thus the crops.
Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC
In this case alleging damages to a soybean crop, a Louisiana court of appeals determined that the trial court abused its discretion when it chose an expert's methodology for calculating damages, as another methodology was supported by the record and was not overly speculative; a reduced damage award was appropriate. The trial court affirmed two other issues regarding evidence of cause of damages and the issue of standing as to who owned the land and thus the crops.
Mock trial event this Friday, November 5
At the ASA International Conference in Las Vegas, BVWire chatted with the folks from the Houston ASA Chapter, who are having a full-day mock trail event this Friday, November 5.
Landmark ESOP Ruling: Inside the Walsh v. Bowers Case with the DOL
Join experts Ken Pia and Ian Rusk for a deep dive into the recent ESOP case decision involving the Department of Labor, a Hawaii-based ESOP company (Bowers & Kubota), the ESOP’s trustee, and selling shareholders. Many key valuation issues and standards were addressed through expert testimony and later in the district court’s decision. The expert witnesses for the defense will walk the participants through each phase of the case through the trial and court’s decision.
Court Denies Motion to Exclude Rebuttal Testimony of Damages
This case concerned the purchase of a historic steam plant in downtown St. Louis. The claims included breach of contract, fraudulent conveyance, and tortious interference, among others. This particular case dealt with a motion in limine to exclude rebuttal testimony from the expert for the counterclaim defendants regarding damages put forth by the counterclaim plaintiffs. The court denied the motion.
SL EC, LLC v. Ashley Energy, LLC
This case concerned the purchase of a historic steam plant in downtown St. Louis. The claims included breach of contract, fraudulent conveyance, and tortious interference, among others. This particular case dealt with a motion in limine to exclude rebuttal testimony from the expert for the counterclaim defendants regarding damages put forth by the counterclaim plaintiffs. The court denied the motion.
BV News and Trends October 2021
A monthly roundup of key developments of interest to business valuation experts.
Can’t answer a question with a simple yes or no in court?
It is always very interesting to hear what judges have to say about giving expert testimony.
Court Affirms Inclusion of Personal Goodwill in Marital Estate, Decides Trial Court Erred in Granting a Judgment Against Husband’s Business
In this divorce case, the Supreme Court of Wyoming allowed the valuation of the husband’s business, which likely included personal goodwill. It also decided that the district court did not abuse its discretion when it valued the husband’s business or ordered him to make an equalization payment. However, the district court erred in granting a judgment against the husband’s business for the equity payment due the wife since the business was not a party to the divorce action.
Snyder v. Snyder
In this divorce case, the Supreme Court of Wyoming allowed the valuation of the husband’s business, which likely included personal goodwill. It also decided that the district court did not abuse its discretion when it valued the husband’s business or ordered him to make an equalization payment. However, the district court erred in granting a judgment against the husband’s business for the equity payment due the wife since the business was not a party to the divorce action.
Insiders Examine Michael Jackson Estate Valuation Dispute
Testifying experts for the estate give their main takeaways from this fierce dispute with the IRS.
Global BV News and Trends September 2021
Business valuation news from a global perspective.
Takeaways from the NJCPA BV conference
The New Jersey CPA Society held its Business Valuation and Litigation Services Conference last week, and event chair Don DeGrazia (Gold Gerstein Group LLC) put together an excellent program of cutting-edge and relevant topics.
Today! Valuation and legal experts examine latest cases
BVR legal editor Jim Alerding has hand-picked a number of the most consequential recent valuation and financial litigation court decisions for the next installment of our regular BVLaw Case Update webinars, which will be today.
Jim Alerding joins BVR as legal editor
BVR is extremely pleased to announce that veteran valuation expert Jim Alerding, CPA/ABV (Alerding Consulting LLC), has joined us as legal editor.
Two state CPA societies host BV events this month
Some state CPA societies organize business valuation conferences, and two of them are coming up later this month.
Check out the NJCPA’s annual BV conference September 21
The Biden tax proposals, physician compensation, cannabis, and SPACs are some of the cutting-edge topics you’ll hear about at this year’s Business Valuation and Litigation Services Conference, hosted by the New Jersey Society of CPAs.
BV News and Trends August 2021
A monthly roundup of key developments of interest to business valuation experts.
Recap of recent BV cases of note
A number of recent cases have emerged that contain various valuation issues.
Prince estate valuation featured on latest AICPA podcast
In the shadow of the recent court decision in the Michael Jackson estate valuation dispute, the estate of pop star Prince is currently locked in a fierce estate and gift tax dispute.
Michael Jackson estate valuers give rare inside look
Experts for the estate of pop superstar Michael Jackson presented a fascinating look at how the valuations were done for the “tax trial of the century” in a BVR webinar.
BV News and Trends July 2021
A monthly roundup of key developments of interest to business valuation experts.
Valuers and Attorneys Advise How to Stay Out of Daubert Trouble
Several sessions at the inaugural BVR National Economic Damages Virtual Conference discussed how valuation experts can avoid the nightmare of having their testimony excluded in court. Of course, much of that applies to any type of case, not just damages.
Kentucky appeals court explains state’s goodwill law
An unpublished opinion from the Kentucky Court of Appeals provides important insight into the court’s thinking as to the goodwill analysis trial courts must perform under the applicable state law when valuing business entities.
In Jackson case, Tax Court dismisses IRS expert’s revenue projections as ‘simply not reasonable’
When Michael Jackson died, his image and likeness was besmirched and yet, once competent executors took charge, they were able to make a lot of money for the estate in the immediate post-death years. The issue was to what extent this subsequent development could factor into the image-and-likeness valuation. In explaining his high valuation, the IRS’ expert offered a theory of “foreseeable opportunities” that the U.S. Tax Court found unpersuasive.