Legal Opinion

Community National Bank v. Medical Benefit Administrators, LLC

Court of Appeals of Wisconsin

Decided March 1, 2001No. 99-3026PublishedCited by 10 opinions

1Opinion of the CourtRoggensack, J.

¶ 1. Medical Benefit Administrators, LLC (MBA) appeals an order of the circuit court approving the final accounting of its court-appointed receiver. MBA claims that the circuit court erred because the purchaser of MBA's assets awarded the receiver a $400,000 consulting contract as part of MBA's asset sale. We conclude that the receiver had a fiduciary duty to MBA and its creditors not to deal with receivership property to benefit itself at their expense and that the consulting contract constituted a corporate opportunity belonging to MBA, which the receiver appropriated to itself. As a…

2Cases cited17 opinions

  1. Jackson v. SmithSupreme Court of the United States · 1919
  2. Noll v. Dimiceli's, Inc.Court of Appeals of Wisconsin · 1983
  3. Crites, Inc. v. Prudential Ins. Co. Of AmericaSupreme Court of the United States · 1944
  4. Phelan v. Middle States Oil CorporationCourt of Appeals for the Second Circuit · 1946
  5. McGivern v. Amasa Lumber Co.Wisconsin Supreme Court · 1977

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3Cited by10 opinions

  1. Zastrow v. Journal Communications, Inc.Wisconsin Supreme Court · 2006
  2. BERNER CHEESE CORPORATION v. KrugWisconsin Supreme Court · 2008
  3. Cohen v. Minneapolis Jewish Fed'nDistrict Court, W.D. Wisconsin · 2018
  4. Gottsacker v. MonnierCourt of Appeals of Wisconsin · 2004
  5. QuantlabTechnologies, Ltd. (BVI) v. KuharskyCourt of Appeals for the Fifth Circuit · 2017

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