Gilbert v. El Paso Co.

1 Analyses of this case by attorneys

  1. 50% Shareholder Can Assert Claims of Oppression and Breach of Fiduciary Duty Against Another 50% Shareholder

    Stark & StarkScott I. UngerAugust 17, 2012

    Id. (Citing, Delaney v. Georgia-Pacific Corp., 564 P.2d 277, 281 (Or. 1977); Gilbert v. El Paso Co., 490 A.2d 1050, 1055 (Del. Ch. 1984). Under Pennsylvania law, the controlling shareholder owes a fiduciary duty or quasi-fiduciary duty to the non-controlling shareholder from using their powers in such a way as to exclude the non-controlling shareholder from their proper share of the benefits of the corporation.