In the Matter of Osteopathic Hosp. Assn. of Del

1 Citing case

  1. Oberly v. Kirby

    592 A.2d 445 (Del. 1991)   Cited 96 times   2 Legal Analyses
    Holding a breach of the fiduciary duty of loyalty can exist where either the beneficiary is harmed or the fiduciary uses knowledge gained from his position to advance his independent interests

    The case now before this Court is one in which the directors have no such power to begin with. The Kirby plaintiffs also cite a third Osteopathic Hospital case, In re Osteopathic Hospital Ass'n of Del., Del. Ch. , 197 A.2d 630 (1964). The recitation of the facts in that case contradicts the recitation in the earlier cases, in that it cites a certificate provision allowing members to "be elected in the manner provided by the By-laws."