Offenbecher v. Baron Services, Inc.’s Empirical Analysis
2002
Citation profile
3
cited by 3 later decisions
2
states following
April 2018
most recently cited
3 state decisions
Relationships
Relies on Weinberger v. UOP, Inc. · 418 So. 2d 89 - Boshell v. Keith · Cavalier Oil Corp. v. Harnett · Balsamides v. Protameen Chemicals, Inc. · Lawson Mardon Wheaton, Inc. v. Smith
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Fair Value,' with respect to a dissenter's shares”
2 later decisions quote this exact passage · from the concurrence““While ... [a marketability] discount can claim more theoretical support than the minority discount, and ostensibly could apply to all shares, majority as well as minority, there is the likelihood for this to be a refuge for practitioners and courts that do not recognize the changed role of appraisal.” 1 F. Hodge O’Neal & Robert B. Thompson, O’Neal’s Oppression of Minority Shareholders, § 5.32 (2d ed.1999). In crediting Sali-ba’s testimony regarding the appropriateness of a 50 percent marketability discount, the trial court not only failed to recognize the role of the modern appraisal remedy, it made possible in this case precisely the sort of squeeze-out oppression that the appraisal remedy based on “fair value” was designed to prevent.”
1 later decision quote this exact passage · from the dissent“"The Court finds from the evidence that Mr. Saliba's appraisal, more fairly and reasonably than the appraisal performed for Mr. Offenbecher by Mr. `Butch' Williams [Offenbecher's financial expert], reflects the fair value of Mr. Offenbecher's stock . . . . "The Court also finds as a matter of financial analysis that Mr. Saliba's decision to apply a marketability discount `at the corporate level' was reasonable and necessary to the determination of the `fair value' of Baron Services' stock. The Court also concludes that a marketability discount was appropriate as a matter of law."”
1 later decision quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.