Ashland Management Inc. v. Altair Investments

McGuire, J. (dissenting in part).

I respectfully dissent in part. While I agree with the majority that defendants are not entitled to summary judgment dismissing certain aspects of plaintiffs cause of action for breach of fiduciary duty, I disagree that defendants are not entitled to summary judgment dismissing the remaining causes of action. Throughout its analysis the majority repeatedly stresses the conduct allegedly committed by defendants that supports the cause of action for breach of fiduciary duty. But that conduct is not relevant to the question of whether defendants should have been…