corporate opportunity doctrine (Massachusetts) · Go Syfert
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corporate opportunity doctrine in Massachusetts

6 Massachusetts opinions name it 3 courts 1988–2008 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Durfee v. Durfee & Canning, Inc.green
mass · 1948 · cited in 2 Massachusetts opinions naming this issue, 1992–1997
2 sentences

1997In re Tufts Elecs., Inc., 746 F.2d 915, 917 (1st Cir. 1984), citing Durfee, supra at 200 .

1992We agree, and reverse the judgment for Puritan on its misappropriation of a corporate opportunity claim. 10 The determination whether a corporate officer has breached his fiduciary duty by acquiring or diverting a corporate business opportunity for his personal profit “rests fundamentally on the unfairness in the particular circumstances.” Durfee v. Durfee & Canning, Inc., 323 Mass. 187, 199 (1948).

12
In Re Tufts Electronics, Inc., Tufts Radio & Electronics, Inc., Debtor. Charles D. Martin v. Richard G. Kagangreen
ca1 · 1984 · cited in 1 Massachusetts opinions naming this issue, 1997–1997
1 sentence

1997In re Tufts Elecs., Inc., 746 F.2d 915, 917 (1st Cir. 1984), citing Durfee, supra at 200 .

11
Weismann v. Snydergreen
mass · 1959 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992One factor the court will look to is whether “the opportunity came in the first place only because of [the defendants’] connection with the corporation.” Weismann v. Snyder, 338 Mass. 502, 506 (1959).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Demoulas v. Demoulas Super Markets, Inc. green
mass · 1997
2 sentences

2008Id. at 530 , citing with approval Principles of Corporate Governance §5.05(b)(l) (1994).

1999A person who owes a fiduciary duty to a corporation is prohibited from taking, for personal benefit, an opportunity or advantage that belongs to the corporation.” Id. at 529 , citing 1 Cox & Hazen, Corporations § 11.7 (1995).

21999–2008
O'HARA v. Robbins green
massappct · 1982
2 sentences

1997The Kirley court also noted cases where Massachusetts courts have characterized analogous claims as sounding in tort, not contract: O’Hara v. Robbins, 13 Mass.App.Ct. 279 (1982) (Claim of wrongful appropriation of a corporate opportunity in violation of the majority shareholders’ fiduciary duty to a minority shareholder); Woodcock v. American Inv.

1988O’Hara v. Robbins, 13 Mass. App. Ct. 279 (1982).

21988–1997
Woodcock v. American Investment Co. green
mass · 1978
1 sentence

1997Co., 376 Mass. 169 (1978) (Shareholder’s derivative suit for conversion of corporate funds in publicly held corporation); Babco Indus.

11997–1997

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 260, § 2 (3) MA § Mass. Gen. Laws ch. 260, § 2A (3) MA § Mass. Gen. Laws ch. 93A, § 11 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

DE 24 (1979–2026) IL 23 (1966–2026) NY 6 (1991–2020) MA 6 (1988–2008) TX 5 (1999–2015) MD 5 (1994–2007) AL 5 (1978–2018) NC 4 (1983–2025) CA 4 (1957–2025) CT 4 (1975–1998) AZ 4 (1966–2022) RI 4 (1992–2010) WI 3 (1991–2023) FL 3 (1992–2021) TN 2 (1998–2019) UT 2 (1982–1995) ME 2 (1995–2020) IA 2 (1966–1979) KY 2 (2009–2016) NE 2 (2020–2020) PA 2 (2021–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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