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Alvin Sewell et al.v.Angel Cancel et al.

CourtCourt of Appeals of Georgia
Docket No.A12A1951
DecidedMarch 30, 2015
Reporter331 Ga. App. 687; 771 S.E.2d 388
JudgesCourt of Appeals of Georgia, First Division; Chief Judge Phipps, Presiding Judge Ellington, and Judge Dillard; Chief Judge Phipps authored the opinion
Tags
CivilEmployment LawBusiness LawFiduciary DutyFraudEvidenceSummary JudgmentRemand
Case Summary

Four anesthesiologists challenged the denial of summary judgment for physician defendants after a restructuring ended their work with the hospital’s anesthesia group. They alleged that the restructuring followed billing concerns they had raised and asserted fiduciary-duty and fraud claims. The Court of Appeals held that the physician defendants’ decision, as directors and shareholders, to end the group’s hospital contract was protected business judgment because they acted on the information then available and advice of counsel. The plaintiffs presented no evidence that the physicians usurped a corporate opportunity or made a false representation to induce the termination vote. The court therefore reversed the denial of summary judgment as to those defendants. Judge Dillard concurred, and Presiding Judge Ellington concurred in the judgment only.

Opinion

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