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Litigation Support Articles

 

To Tax Affect or Not to Tax Affect? Federal Case Reviews the Tax-Affecting Debate for Pass-Through Entities

To Tax Affect or Not to Tax Affect? Federal Case Reviews the Tax-Affecting Debate for Pass-Through Entities

Posted by Louis Cercone, Jr. on October 22, 2019

In Kress v. United States, a federal district court accepted the practice of tax affecting the earnings of so-called “pass-through” entities. It also rejected the application of a premium to reflect the tax advantages of owning a minority interest in a pass-through business.

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Adjusted Deal Price or Unaffected Market Value? Delaware Supreme Court Reverses “Fair Value” Ruling

Adjusted Deal Price or Unaffected Market Value? Delaware Supreme Court Reverses “Fair Value” Ruling

Posted by Louis Cercone, Jr. on September 17, 2019

Delaware’s Supreme Court recently struck down a controversial statutory appraisal decision in Verition Partners Master Fund Ltd. v. Aruba Networks, Inc.

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West Plains, LLC v. Retzlaff Grain Co.: Loss-of-Value Damages Upheld Despite Survival of Business

West Plains, LLC v. Retzlaff Grain Co.: Loss-of-Value Damages Upheld Despite Survival of Business

Posted by Louis Cercone, Jr. on June 18, 2019

In commercial tort claims, courts must decide how much damage the plaintiff suffered from the defendant’s alleged wrongdoing. A recent Eighth U.S. Circuit Court of Appeals case upheld a jury’s damages award based on lost market value, even though the business wasn’t completely destroyed.

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 Warning: Expert Admissibility Standards May Vary

Warning: Expert Admissibility Standards May Vary

Posted by William P. Allen on March 19, 2019

In federal court, the admissibility of expert testimony is governed by the strict Daubert standard. Courts in most states have also adopted the Daubert standard, but others may apply the less stringent Frye standard.

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Quantifying Economic Damages: A Federal Case Study

Quantifying Economic Damages: A Federal Case Study

Posted by Louis Cercone, Jr. on February 06, 2019

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Timing Counts When Classifying Property in Divorce

Timing Counts When Classifying Property in Divorce

Posted by Louis Cercone, Jr. on January 28, 2019

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