Sat.Nov 11, 2017 - Fri.Nov 17, 2017

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Appraisal Beyond Delaware: Arizona Takes Guidance from Delaware’s Valuation Methodology

Appraisal Rights

We’ve already seen other states apply their own appraisal statutes; we’ve covered Nevada before, for example. We’re now also seeing other courts look to Delaware courts for the tools and methods behind valuation methods as well, not only in appraisal actions. Thus, for example, an Arizona appeals court has cited Delaware appraisal cases in adjudicating the complex fraud and breach of fiduciary claims before it.

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More Guidance on Cayman Appraisal

Appraisal Rights

As Cayman appraisal continues to develop, the Harneys firm posted last week about the recent guidance the Grand Court of the Cayman Islands has provided on proper case management in the context of the appraisal proceedings concerning E-House (China) Holdings Limited. This is an emerging area of appraisal that we will continue to monitor.

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Appraisal Outside Delaware: The Sunshine State Joins the Fray

Appraisal Rights

While the vast majority of United States appraisal rights cases occur in Delaware, several other states — Florida among them — also recognize appraisal rights. This past summer, a Florida appellate court affirmed a minority shareholder’s right to exercise appraisal rights when the company sought to redeem its shares. In Omes v. Ultra Enterprises, Inc. , 2017 WL 3611546 (Fla.