Category Archives: Court Rulings

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 »

U.S. District Court Rules on Known or Knowable Issue and Allows Testimony of SEC Valuation Expert—Can Be Challenged on Cross-Examination

March 1, 2023 | Court Rulings

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 »

The Supreme Court of New Jersey Accepts Trial Court’s Value of Companies and Denies a Marketability Discount in a Long-Running Contentious Shareholder Buyout Dispute

February 15, 2023 | Court Rulings

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 »