Category Archives: Court Rulings

Delaware Chancery Court Determines Fair Value of Minority Interest Buyout—Cites Differences in Cash-Flow Assumptions as Cause for Large Discrepancy in Value

August 30, 2023 | Court Rulings, Valuations

Ramcell, Inc. v Alltel Corp., 2022 Del. In this appraisal action to determine fair value, petitioner Ramcell Inc. exercised its appraisal rights in asking for a statutory appraisal of the value of its 155 shares of Jackson Cellular Telephone Co. Inc. The respondent, Alltel Corp. (dba Verizon Wireless), had converted the 155 shares at a  Continue Reading »

U.S. District Court in California Grants in Part and Denies in Part Motions of Dismissal by Company Against Blockchain Researcher

August 16, 2023 | Court Rulings, Valuations

Zamfir v CasperLabs, LLC The defendant, Casper Labs LLC, in this trademark dispute in U.S. District Court (California) moved for dismissal of eight causes of action from plaintiff Vlad Zamfir’s second amended complaint. The actions dealt primarily with trademark infringement and alleged damages therefrom. The actions also included allegations of fraud and misrepresentation under California  Continue Reading »

U.S. Appellate Court Rules Sufficient Evidence to Support Future Damages

August 2, 2023 | Court Rulings

WL All. LLC v. Precision Testing Grp. Inc. This is a partnership dispute between the plaintiff, WL Alliance, and the defendants, Precision Testing Group Inc. and Glenn Stuckey. After a trial, the defendants were found liable for $3.3 million in damages. The defendants appealed, arguing that the damages include lost future profits that are not  Continue Reading »

Connecticut Court Determines Fair Value of 50% Interest in Commercial Real Estate Holding Company—Parties Could Not Agree on Value

June 21, 2023 | Court Rulings, Valuations

Buccieri v. New Hope Realty, Inc. This case arose out of a dispute between the surviving family and a trustee of the founders of New Hope Realty Inc. The parties could not agree on the management and operations of New Hope Realty. On July 7, 2020, a dissolution proceeding was commenced. The defendants elected to  Continue Reading »

Maryland Appellate Court Remands for Valuation of Withdrawing Member’s Interest in Law firm and Affirms Damages Award

June 7, 2023 | Court Rulings

Furrer v. Siegel & Rouhana, LLC David Furrer, a partner in Siegel, Tully, Rouhana & Tully LLC, withdrew as a member after having his license suspended. A dispute arose as to the value of his 26.5% interest in the LLC. He sued the firm for compensation for his 26.5% interest in the firm and for  Continue Reading »

Appellate Court Affirms Use of the ‘Blue Sky Method,’ a Rule of Thumb, to Value a Minority Interest in an Oppression Case

May 17, 2023 | Court Rulings

Buckley v. Carlock This Tennessee decision was a case of shareholder oppression that had been appealed. The disposition of the appellate court in this matter was to affirm the decisions of the Chancery Court. The primary issue in this matter was whether the Chancery Court properly valued a shareholder’s minority interest in a closely held  Continue Reading »

Plaintiff’s Expert Waives Work Product Protection

May 3, 2023 | Court Rulings

Dentists Ins. Co. v. Yousefian The central issue, in this case, was the defendant’s claim for business property damages to tenant improvements in his former orthodontics suite. The parties disagreed over the definition of “tenant improvements” that the policy covered. During the litigation, the plaintiff engaged a construction expert to provide an estimate of the  Continue Reading »

On Remand, the Tax Court Determines the Value of a Conservation Easement From a Golf Course

April 19, 2023 | Court Rulings

Champions Retreat Golf Founders, LLC v. Comm’r, T.C. The Tax Court, on remand from the 11th Circuit, which decided that the taxpayer was entitled to a charitable donation for a donation of a conservation easement, valued that interest to determine the amount of the donation deduction. Both parties presented valuation opinions from expert appraisers. The  Continue Reading »

Arizona Appeals Court Affirms Trial Court’s Acceptance of a Calculation of Value

March 30, 2023 | Court Rulings, Valuations

Mikalacki v. Rubezic This Arizona divorce appeal affirmed the trial court’s acceptance of a calculation of value the wife’s expert, Brendan Kennedy, offered to determine the value of the couple’s law firm awarded to the husband in the trial. The husband appealed other nonvaluation issues related to the divorce, which the trial court affirmed. Those  Continue Reading »

U.S. District Court Partially Denies Motion for Summary Judgment Regarding Qui Tam Case on Excess Purchase Price Under the False Claims Act

March 15, 2023 | Court Rulings

Kuzma v. N. Ariz. Healthcare Corp This was a case regarding a motion for summary judgment against the plaintiff, Gregory Kuzma, alleging violations of the False Claims Act (FCA) by the defendants, Northern Arizona Healthcare Corp. et al. (NAHC). NAHC acquired the Summit Surgery and Recovery Care Center (the Summit Center). Kuzma was VP and  Continue Reading »