DM II, Ltd. v. Hospital Corporation of America
United States District Court, N.D. Georgia
130 F.R.D. 469 (N.D. Ga. 1989)
Relevant factsFree
Georgia corporations claiming to be partners with Tennessee corporations in the operation and ownership of Doctors Hospital (located on jointly owned property) alleged the Tennessee corporations breached their fiduciary duty by establishing a competing hospital, and sought an accounting and constructive trust on the resulting profits; the Tennessee corporations argued the suit should be dismissed because it wasn't brought in the name of the actual real party in interest, Doctors Hospital itself.
IssueFree
Whether, in a partnership, each partner has the right to bring a claim for breach of fiduciary duties.
Related cases
Bane v. Ferguson890 F.2d 11 (1989)MAI Basic Four, Inc. v. Prime Computer, Inc.871 F.2d 212 (1989)John R. v. Oakland Unified School District769 P.2d 948 (1989)Deutschman v. Beneficial Corp.841 F.2d 502 (3d Cir. 1989)Metropolitan Life Insurance Company v. RJR Nabisco, Inc.716 F.Supp. 1504 (S.D.N.Y. 1989)