Court cases added to BVLaw this month
Slater v. Slater, 2010 WL 5356556 (Or. App.)(Dec. 29, 2010) Oregon court adopts majority rule, finding it improper to predicate the value of a professional practice on a non-compete.
Experts: Svendsen (wife); Holmer (husband)
Judge: Haselton
State/Jurisdiction: Oregon
Court: Court of Appeals
Type of case: marital dissolution
Link v. L.S.I., Inc,, 2010 WL 5402970 (S.D.)(Dec. 29, 2010) Court determines statutory fair value in judiciary buy-out case should include appropriate company-specific risk factors.
Experts: unnamed
Judge: Gilbertson
State/Jurisdiction: South Dakota
Court: Supreme Court
Type of case: dissenting shareholder
Holiday Medical Center v. Weisman, 2010 WL 5392840 (N.J. Super A.D.)(2010) Statutory fair value determination does not require a court to consider the tax effects on each and every minority shareholder.
Experts: CBIZ Valuation Group, LLC (court-appointed)
Judge: Skillman and Gilroy
State/Jurisdiction: New Jersey
Court: Court of Appeals
Type of case: Dissenting shareholder
Shewbart v. Shewbart, 2010 WL 5030125 (Ala. Civ. App.)(Dec. 10, 2010) Court finds that 2x EBITDA multiple is not too low for restaurant valuation, due to 2008 economic downturn and long hours by husband, a solo proprietor.
Experts: Carter Norvell (wife)
Judge: Moore
State/Jurisdiction: Alabama
Court: Court of Appeals
Type of case: marital dissolution
Alamar Ranch, LLC v. County of Boise, 2010 WL 5055917 (D.Idaho)(Dec. 3, 2010) Federal Court confirms that the Butler-Pinkerton Calculator passes the Daubert standard.
Experts: Charles Wilhoite (plaintiffs); Peter Butler (defendants)
Judge: Winmill
State/Jurisdiction: federal/Idaho
Court: U.S. District Court, Idaho
Type of case: lost profits
Uniloc USA, Inc. v. Microsoft Corp., 2011 WL 9738 (C.A.Fed. (R.I.)) (Jan. 4, 2011) Federal Circuit abolishes use of 25% rule of thumb in calculation of reasonable royalty rate for patent infringement cases.
Experts: Joseph Gemini (plaintiff)
Judge: Linn
State/Jurisdiction: Federal
Court: U.S. Court of Appeals for the Federal Circuit
Golden Telecom, Inc. v. Global GT LP, 2010 WL 5387589 (Del. Supr.)(Dec. 29, 2010) Delaware Supreme Court declines to adopt a “bright line” rule requiring appraisal authorities to defer to the merger price in determining statutory fair value.
Experts: [unnamed]
Judge: Steele
State/Jurisdiction: Delaware
Court: Supreme Court
Type of case: dissenting shareholder
Precision Fitness Equipment of Pompano Beach, Inc. v. Nautilus, Inc., 2010 WL 5349652 (D. Colo.)(Dec. 20, 2010) Expert values plaintiff and its affiliate to reach total lost business value, when only the plaintiff was named party to the suit.
Experts: Steve Mize
Judge: Mix
State/Jurisdiction: federal/Colorado
Court: U.S. district court
Type of case: contract
In re Marriage of Cantarella, 2011 WL 86284 (Ca. App. 4 Dist.)(Jan. 11, 2011)(unpublished) Court rejects accountant’s preliminary valuation as lacking sufficient financial support to evidence value of marital business.
Experts: Wayne Lorch (wife)
Judge: Ikola
State/Jurisdiction: California
Court: Court of Appeals
Type of case: marital dissolution