Partnership and Shareholder Dispute Economic Damages Expert in American Samoa

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for partnership and shareholder dispute cases venued in American Samoa: the components the loss claim consists of, the records that drive them, and a present value built to American Samoa's damages rules and venues. Plaintiff and defense.

A partnership or shareholder dispute turns on what an ownership interest is worth under the standard of value that applies and whether the business's earnings have been fairly shared, both answered from the agreements and the financial records. Read the full partnership and shareholder dispute analysis guide.

American Samoa courts and expert standards

The High Court of American Samoa applies rules of evidence modeled on the federal rules, so expert testimony is examined for the witness's qualification, the reliability of the method, and its application to the facts of the case, with the details of the inquiry for counsel to confirm. A damages report meets that examination by stating each assumption and naming its source, including any mainland benchmark it borrows.

Where these cases are heard

Highest court: High Court of American Samoa, Appellate Division.

American Samoa has no separate supreme court and no local U.S. district court; the High Court exercises limited federal jurisdiction, and other federal matters are generally heard in the U.S. District Courts for the District of Hawaii or the District of Columbia.

Damages framework

In American Samoa the rules on fault allocation and on interest before judgment follow the territory's own code and case law, which counsel confirm for the specific claim. The report therefore separates the sums that were due from the amounts that had to be projected and states each loss as of a fixed date so it can be adjusted to whichever rules apply. Any limit on economic damages under a particular statute is likewise for counsel to confirm.

How the analysis is built

The same four steps apply to a partnership and shareholder dispute case venued in American Samoa; the damages framework above decides which components enter the total.

  1. Read the agreements to identify the valuation date, the standard of value, and any buyout formula.
  2. Normalize the financial statements for owner compensation, related-party transactions, and non-recurring items.
  3. Value the interest under the income, market, and asset approaches as the facts support, with the weighting and any discounts or premiums explained.
  4. Trace any diverted profits through the ledger and bank records, quantify them by year, and show the effect of the principal assumptions.

Attorney guides for partnership and shareholder dispute cases

Other case types in American Samoa

Frequently asked: partnership and shareholder dispute cases in American Samoa

Which American Samoa courts hear partnership and shareholder dispute cases?

Partnership and Shareholder Dispute cases venued in American Samoa are heard in the High Court of American Samoa (Trial Division) (Principal general jurisdiction trial court for local civil and criminal matters) and the District Court of American Samoa (Lower local court handling minor civil and criminal matters). Final appeals run to the High Court of American Samoa, Appellate Division. American Samoa has no separate supreme court and no local U.S. district court; the High Court exercises limited federal jurisdiction, and other federal matters are generally heard in the U.S. District Courts for the District of Hawaii or the District of Columbia.

How does American Samoa's damages framework shape the economic analysis?

In American Samoa the rules on fault allocation and on interest before judgment follow the territory's own code and case law, which counsel confirm for the specific claim. The report therefore separates the sums that were due from the amounts that had to be projected and states each loss as of a fixed date so it can be adjusted to whichever rules apply. Any limit on economic damages under a particular statute is likewise for counsel to confirm. The High Court of American Samoa applies rules of evidence modeled on the federal rules, so expert testimony is examined for the witness's qualification, the reliability of the method, and its application to the facts of the case, with the details of the inquiry for counsel to confirm. A damages report meets that examination by stating each assumption and naming its source, including any mainland benchmark it borrows.

More questions about partnership and shareholder dispute analysis

References

Request a consultation on partnership and shareholder dispute cases in American Samoa or call (201) 343-0700. Plaintiff and defense counsel.