ShopRite, Inc. v. Gardiner The Court of Appeals was asked to review the trial court’s determinations of fair value for the shares of stock of a withdrawing shareholder. Shawne Gardiner was a withdrawing shareholder in ShopRite Inc. (3.8% interest) and Tobacco Plus Inc. (3.95% interest). Gardiner sent a formal notice of withdrawal under the Louisiana  Continue Reading »

Nelson v Commr., 2021 “Mary P. Nelson and James C. Nelson appeal the Tax Court’s denial of their petition for a redetermination of a deficiency of gift tax issued by the commissioner of Internal Revenue for the tax years 2008 and 2009. For the following reasons, we AFFIRM.” Facts. Mary Pat and James Nelson sought  Continue Reading »

Dettenhaim Farms, Inc. v. Greenpoint Ag, LLC This decision of the appeal court of Louisiana took up the alleged damages of the soybean crop and the trial court’s findings on the matter. The appeal court found that the trial court abused its discretion when it chose an expert’s methodology for determining damages, “as another methodology  Continue Reading »

Walsh v. Vinoskey This case was an appeal from the well-publicized district court case regarding the violation of ERISA regarding the sale of stock by the company owner to a company ESOP. The appellate court affirmed that the district court did not err, finding that the owner had extensive knowledge of the company and prior  Continue Reading »

Guttman v Guttman Bruce Guttman (Bruce), Phillip Guttman (Phillip), and Judith Douglas (Judith) are siblings and co-equal general partners of the Guttman Family Limited Partnership (the partnership), which owns real estate in Los Angeles. Bruce sued to dissolve the partnership, and Phillip and Judith initiated a statutory procedure to buy Bruce out. Believing the appraisals  Continue Reading »

Harvey v. Harvey This was an appeal and across-appeal in a California divorce case. Michael and Cynthia Harvey were married in 1988. Three years later, Michael formed Enviro Tech ChemicalServices Inc. (Enviro Tech). By 2010, Harvey’s jointly owned 825 shares of EnviroTech, representing nearly 70% of the outstanding stock. In 2011, they entered into a  Continue Reading »

Gerring Props. v. Gerring The appellate court of Minnesota considered appeals and cross-appeals in a series of shareholders’ disputes. The appellants are Gerring Properties Inc. (GP) and Quality CarWash Operations Ltd. (QCW). QCW operated a family-owned car-wash facility in Minnesota, leasing the land and equipment from GP. The Gerring brothers and some children now “accuse  Continue Reading »

HMH Enters. v. TAG Enters The plaintiffs contended the trial court erred in granting two of the defendant’s motions to exclude evidence of the plaintiff’s damages. The appellate court affirmed. The lawsuit concerned the contemplated sale of a laundromat business. The defendant, TAG (Landlord), owns the Cudahy Shopping Center. Minwasa, a tenant of TAG’s, sought  Continue Reading »

Bohac v. Benes Serv. Co. In this case, the Supreme Court of Nebraska affirmed, vacated in part, and reversed and remanded with directions. The holdings of the Supreme Court included: (1) The district court erred in its determination of fair value (FV) in allowing discounts; and (2) the disallowance of attorney’s fees was affirmed. After  Continue Reading »

State Route 00700, Section 21H v. Bentleyville Garden Inn, Inc. The jury’s verdict in the eminent domain trial could not stand because the jury relied solely on the valuation of the PennDOT’s expert, “which was incompetent.” He limited the damages to the partial taking property and did not consider the after-taking damages to the remaining  Continue Reading »