Warehime Enterprises, Inc. v. Warehime

1999 Pa. LEXIS 1645 · Supreme Court of Pennsylvania · Jun 9, 1999

Full text

WAREHIME ENTERPRISES, INC. v. John WAREHIME and Patricia Warehime, Husband and Wife

Opinions in this case

Majority — Per curiam
Majority — Per curiam

ORDER PER CURIAM: AND NOW, this 9th day of June, 1999, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following two issues: Did the Superior Court err in concluding that the Petitioner failed to state a cause of action against Respondent John Warehime for breach of fiduciary duty and/or breach of the duty of loyalty and good faith owed to the Petitioner by each of its directors? Whether 15 Pa.C.S. § 1728 defines the outer limits of a director’s fiduciary duties of care, good faith and/or loyalty in connection with an interested transaction which the director knows will result in unfairness or fraud to the corporation?

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Metadata

Status: Published
Author
Judges: Not listed
Cluster ID: 6395599

Citations

1999 Pa. LEXIS 1645
557 Pa. 3
731 A.2d 128

Cited by

Harold C. Lampe, Jr V.
Third Circuit · Dec 30, 2011
First Union National Bank v. Quality Carriers Inc.
Philadelphia County Court of Common Pleas · Oct 10, 2000

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Parentheticals

a trustee’s action that violates the duty of loyalty to the beneficiary is voidable
First Union National Bank v. Quality Carriers Inc.
“an action, though taken in good faith, which runs contrary to the interests of the beneficiary or in the self-interest of the trustee, is a violation of the duty of loyalty and is voidable at the option of the beneficiary”
First Union National Bank v. Quality Carriers Inc.