Rodriguez v. Hosp. San Cristobal, Inc., 2024 (Editor’s note: This is the first reported appellate decision to cite the new Rule 702 amendments effective Dec. 1, 2023. While the appellate court noted the changes, it also cited outdated but familiar precedents. For a more thorough analysis of this issue and case, please see an article  Continue Reading »

In re Hebert, 2024 The New Hampshire Supreme Court, in this divorce case appeal, vacated the trial court’s property division and alimony awards but affirmed the trial court’s findings regarding the value of the husband’s business, Microelectrodes Inc., the value of the real estate that the Microelectrodes plant sits on (Pleasant Bay LLC), the imputation  Continue Reading »

Cronan v. Cronan, 2024 In this Supreme Court of Rhode Island appeal of a divorce case decision from the family court, the supreme court, among other decisions, held that the marital estate was properly distributed, the husband’s interest in the medical imaging business was properly valued, and the magistrate had a comprehensive discussion of the  Continue Reading »

Rieves v. Town of Smyrna, 2024 Before the court in this economic damages case was the plaintiffs’ motion to exclude the testimony of the defendants’ retained expert, Robert Vance, CPA. The defendants sought to have Vance testify as an expert regarding the calculation of the plaintiffs’ damages. The plaintiffs argued that Vance’s testimony did not  Continue Reading »

Herremans v. Fedo (In re Herremans), 2023 This case in Bankruptcy Court involved a court determination of the fair value of a 50% interest in a Ponderosa restaurant in Michigan. The two 50% owners who founded the restaurant 27 years ago had a falling out and set about using litigation to wrest control of the  Continue Reading »

Rosenthal v. Erber, 2023 Ted Rosenthal and Jeffrey Erber each owned 50% of 87th Street Optical Corp. Erber ran the store, Jeffrey’s Manhattan Eyeland, while Rosenthal was a passive investor. Rosenthal filed a petition for dissolution on Feb. 3, 2021. Erber elected to purchase Rosenthal’s interest based on its fair value as of Feb. 2,  Continue Reading »

Laurilliard v. McNamee Lochner, P.C. Plaintiffs Kevin Laurilliard and Paul Pastore brought this commercial action against the law firm McNamee Lochner PC as well as nine individuals alleged to be “majority shareholders” of the firm. The defendants moved for dismissal of the complaint. The plaintiffs’ allegations. McNamee Lochner PC was an Albany law firm, and  Continue Reading »

Pemberton v. Pemberton, 2023 Minn. App. Unpub. LEXIS 485; 2023 This is an appeal of the district court’s decree in a complex Minnesota divorce case. While a number of issues were appealed to and decided by the appellate court in this case, including spousal maintenance, this digest focuses on the value of Stephen’s (the husband’s)  Continue Reading »

In re Marriage of Sommerville, 2023 Tara Sommerville (the wife) appealed the economic provisions of her divorce decree from Jamie Sommerville (the husband). She contended the district court erred in determining the husband’s earning capacity and awarding child support and spousal support. She also contended the husband dissipated marital assets by incurring penalties and interest  Continue Reading »

Endless River Techs. LLC v. Trans Union LLC, 2023 The parties had entered into a development agreement and contract for services for “the  joint development and commercialization of a method for providing insurers on-line, real time comparison price quotes to consumers (‘Quote Exchange’).” Trans Union LLC (the defendant) admitted having breached the contract by not  Continue Reading »