SEC v. Bluepoint Inv. Counsel The opinion digested here was a short ruling on three motions to exclude testimony. We discuss the motion to exclude (by inference) the testimony of the SEC’s expert, Ms. McMahon. The defendant’s motion asked the court to exclude any evidence of Amiran’s value that was not known to Greenpoint Target  Continue Reading »

Sipko v. Koger, Inc. This shareholder oppression and buyout litigation have been going on since November 2007. The Supreme Court of New Jersey once again stepped in. It reversed the appellate court’s decisions, remanding the case to the trial court. The Supreme Court summarized its holdings: HOLDINGS: [1]-The appellate court erred by remanding the case  Continue Reading »

Total Quality Logistics, LLC v. Tucker, Albin, and Assocs. An Ohio appellate court affirmed the trial court’s denial of a permanent injunction to the plaintiff because the evidence did not show that it faced immediate and irreparable injury or harm. It was also held that the trial court properly dismissed the plaintiff’s claim for tortious  Continue Reading »

Pitsch v Pitsch Holding Co. In this shareholder deadlock case, the Michigan Court of Appeals affirmed the decisions of the trial court to order a sale of the plaintiffs’ shares of Pitsch Holding Co. (PHC) to the defendants and to determine the price of the shares at a price the special master (Amicus) determined using  Continue Reading »

Sproule v Johnson In a direct appeal from the district court in North Dakota to the Supreme Court in North Dakota, the Supreme Court affirmed the decision of the district court to dissolve a partnership; a buyout of the plaintiffs’ indirect interest in a Canadian entity was appropriate; and there was no error in valuing  Continue Reading »

Asare v. Asare In this marital dissolution appellate case, the appellate court must resolve several issues related to the equitable distribution of the marital estate. On most issues, the appellate court affirmed the trial court. However, the appellate court reversed the trial court on the issue of how much passive appreciation related to an investment  Continue Reading »

King v. King, 2022 Md. App. In this divorce case, the Court of Special Appeals of Maryland affirmed the circuit court’s decisions of appeals from Eric King, including, among others, the business value and the incomes of the respective parties. The parties were married in 2004. The divorce filings commenced on Nov. 6, 2019. A  Continue Reading »

Hollis v. Hollis, 2022 Tenn. App. In this case, the Tennessee Court of Appeals affirmed the trial court’s judgment that the husband’s “book of business” as a financial advisor for UBS was not a marital asset. “[T]he trial court properly identified and applied the most appropriate legal principles applicable to the decision, and the trial  Continue Reading »

Stone v. Citizens Equity First Credit Union The trustee for the International Supply Co. (ISCO) asked the bankruptcy court to avoid and recover prepetition fraudulent transfers made to Citizens Equity First Credit Union (CEFCU). The bankruptcy court determined that ISCO was insolvent when the transfers were made, not to satisfy its debts but rather for  Continue Reading »

In re Appraisal of Regal Entertainment Group Summary. In a merger action involving a publicly traded company, dissenting shareholders sued for a higher value than the deal consideration. Under the applicable appraisal jurisprudence, the court determined fair value using the deal price minus synergies and adjusting for the change in the value of the target  Continue Reading »