June 5, 2024 | Court Rulings, Valuations
Mamone v. Mamone, 2023 Shane Mamone appealed from a district court order in a domestic matter. Shane incorporated his own construction company, SCM, in Las Vegas. He put forth significant effort to grow SCM, including making trips to Asia where he was able to obtain project materials at a discount. Due to his positive relationship Continue Reading »
May 22, 2024 | Court Rulings, Valuations
In re Marriage of Marasco, 2023. The property division provisions of their marital dissolution decree of the district court was appealed by the husband and cross-appealed by the wife. The appellate court affirmed the appeal as modified and affirmed the cross-appeal. The district court was correct in not treating any part of the parties’ business Continue Reading »
May 8, 2024 | Court Rulings, Valuations
Bennetti v. Oxford Restructuring Advisors LLC 2023 The Bankruptcy Court did not err in disallowing claims against debtors based on rights in an ESOP. The ESOP, an S corporation, was only obligated to provide ESOP members with the right to have distributions in cash. The ESOP members did not have a right to any payments Continue Reading »
April 24, 2024 | Court Rulings, Valuations
In re Tesla Motors Stockholder Litig., 2023 This was an appeal of an April 2022 Chancery Court opinion. At issue was the 2016 stock acquisition of SolarCity Corp. by Tesla Inc. Tesla’s shareholders claimed that Elon Musk caused Tesla to overpay for SolarCity through his alleged domination and control of the Tesla board. Their primary Continue Reading »
April 10, 2024 | Court Rulings, Valuations
In re Hillman, 2023 In this bankruptcy, ULM challenged the filing by the debtor, Michelle Corbin Hillman, that “the Debtor is ineligible to elect to proceed with her case under Subchapter V of Chapter 11 … because she is not a ‘person engaged in commercial or business activities … as of the date of filing Continue Reading »
March 27, 2024 | Court Rulings, Valuations
Mekhaya v. Eastland Food Corp. The circuit court erred in dismissing the claims of the appellant (Mekhaya) for shareholder oppression, breach of fiduciary duty, and unjust enrichment against his former employer, Eastland Food Corp., and its board of directors. “Appellant alleged that, as a minority shareholder in Eastland, he received, before his firing as an Continue Reading »
March 13, 2024 | Court Rulings, Valuations
EllDan Corp. v. Steele (In re EllDan Corp.), 2023 The debtor, EllDan Corp., and Kevin Steele, the plaintiffs, contended that the covenants not to compete contained in franchise agreements between the debtor and the franchise, Fantastic Sams Franchise Corp., were unenforceable, and, thus, the plaintiffs should be allowed to operate competing hair salons within the Continue Reading »
February 28, 2024 | Court Rulings, Valuations
Rothwell v. Rothwell, 2023 The Court of Appeals of Utah considered several issues on the husband’s appeal from the district court’s ruling concerning the couple’s dissolution of marriage. This digest will cover the appellate court’s opinion regarding the valuation of the husband’s businesses. Other issues, dealing with support and determination of the wife’s needs and Continue Reading »
February 14, 2024 | Court Rulings, Valuations
City of Fort Collins v. Open Int’l, LLC, 2023 Before the U.S. District Court—Colorado are five motions to exclude certain witnesses by both parties. Facts “This is a breach-of-contract case arising from Defendants’ alleged failure to deliver Open SmartFlex (OSF), a Customer Information System (CIS) software product intended for use in administering Plaintiff’s broadband utility Continue Reading »
January 31, 2024 | Court Rulings, Valuations
Lieberman-Massoni v. Massoni, 2023 In this New York appellate court case, the appellate court affirms the trial court’s divorce opinion that the awarding of a percentage of the value of the husband’s B-unit shares rather than awarding the shares themselves was proper under the Domestic Relations Law No. 236, nor was the wife entitled to Continue Reading »