Medical Staff of Avera Marshall Regional Medical Center v. Marshall

I respectfully dissent. At its heart, this case is about who has ultimate control of Avera Marshall Regional Medical Center — Avera Marshall’s Medical Staff or Av-era Marshall’s board of directors. As a matter of contract law, and under the terms of Avera Marshall’s corporate bylaws and the medical staff bylaws, the answer to that question is Avera Marshall’s board of directors. Consequently, I would affirm summary judgment in favor of respondents Avera Marshall, et al.

I

I agree with the majority’s recitation of the facts, but think it important to first address why Avera Marshall’s board of…