Category Archives: Court Rulings

Overstated’ Projections Sink Plaintiff’s Fair Value Determination

February 8, 2021 | Court Rulings, Valuations

Magarik v Kraus Earlier this year, a New York trial court presiding over a buyout dispute featuring an online wholesaler of faucets, sinks, and fixtures rebuffed the departing shareholder’s valuation. His expert’s discounted cash flow analysis collapsed on account of unreasonable projections that the company had used to secure a loan from a bank. Dubious  Continue Reading »

Court of Chancery Sanctions Use of Asset Approach in Complex Appraisal Case

January 25, 2021 | Court Rulings, Valuations

In re Happy Child World, Inc. A low-profile appraisal case in front of the Delaware Court of Chancery raised important valuation questions, including how the court should determine the fair value of a nonoperating entity and how it should deal with the value of claims both parties brought on behalf of the company prior to  Continue Reading »

Plaintiff’s COVID-Related Contract Claim Falters Despite Force Majeure Provision

January 11, 2021 | Court Rulings

NetOne, Inc. v. Panache Destination Management While the economy teeters during the ongoing COVID-19 crisis, courts are beginning to rule on lawsuits brought by businesses under various legal theories. In the instant case, the plaintiff suggested the defendant had breached the force majeure provision in two contracts. A force majeure (or Act of God) provision  Continue Reading »

Court ‘Sympathizes’ With Businesses Claiming COVID-19-Related Losses but Finds No Coverage Under Policy

December 28, 2020 | Court Rulings

Diesel Barbershop, LLC v. State Farm Lloyds COVID-19-related damages cases are making their way through state and federal courts. Plaintiffs typically are businesses that have suffered economic losses because of various mandatory shutdowns. They file claims with their insurance agency, which frequently denies coverage for business interruption losses. However, more often than not, courts have  Continue Reading »

Minnesota Court Rejects DLOM in Major Buyout Case

December 14, 2020 | Court Rulings, Valuations

Lund v. Lund A Minnesota district court ended (at least for now) a minority owner’s long struggle to sell her interest in a well-known Minneapolis family business. The case featured prominent valuators and a judge well versed in valuation jurisprudence, and it adds another jurisdiction’s view on the use of the marketability discount in fair  Continue Reading »

New DOL Process Agreement Confronts Control Issue in ESOP Valuations

November 30, 2020 | Court Rulings, Valuations

Scalia v. Farmers National Bank of Danville & Weddle Bros. Const. Co. The Department of Labor recently settled ESOP litigation with the trustee Farmers National Bank of Danville (FNB). The settlement incorporates a process agreement that contains noteworthy directives instructing the trustee on handling controlling interest acquisitions and indemnification matters. This is the sixth such  Continue Reading »

Calculations of Value Are Admissible in Divorce, Alabama Appeals Court Confirms

November 16, 2020 | Court Rulings, Divorce Litigation, Valuations

Horne-Ballard v. Ballard About two years ago, in Rohling v. Rohling, an Alabama appeals court upheld a trial court’s decision to admit into evidence a qualified expert’s estimate about the value of the owner spouse’s business based on a calculation engagement. Recently, the admissibility of calculations of value became an issue in another divorce case,  Continue Reading »

‘Particular Facts’ Justify Discounts in Mandatory Buyback of Minority Interest, Says Missouri High Court

November 2, 2020 | Court Rulings, Valuations

Robinson v. Langenbach Context is “crucial,” the Supreme Court of Missouri recently said in upholding the use of discounts in the court-ordered buyout of a minority owner’s shares in a family business. At the same time, the court acknowledged that, “usually,” the rationale for discounts in a mandated sale to a majority stockholder “would have  Continue Reading »

Tax Court Spurns IRS’ Gift Tax Valuation Theory and Methodology

October 19, 2020 | Court Rulings, IRS Regulation, Valuations

Grieve v. Commissioner In a gift tax dispute, the U.S. Tax Court recently found for the taxpayer when it rejected the unusual reasoning and methodology the Internal Revenue Service’s trial expert proposed to keep low the discounts applicable to the nonvoting membership units in two limited liability companies (LLCs). Nonmarketable, noncontrolling interest In late 2013,  Continue Reading »

Indiana and South Carolina Courts Issue Key Discount Rulings

October 5, 2020 | Court Rulings, Valuations

The Indiana Court of Appeals and the South Carolina Supreme Court recently issued noteworthy rulings on the appropriateness of discounts in valuing minority interests. The contexts in which the issue arose were different, but, in both cases, there was a compelled sale and designated buyer. Hartman v. BigInch Fabricators & Construction Holding Co., Inc. In  Continue Reading »