fiduciary
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 308 U.S. 295 - Pepper v. Litton · 1939Most cited · 5,321 citing opinions
director or controlling stockholder
A director is a fiduciary. So is a dominant or controlling stockholder or group of stockholders. Their powers are powers in trust. Their dealings with the corporation are subjected to rigorous scrutiny and where any of their contracts or engagements with the corporation is challenged the burden is on the director or stockholder not only to prove the good faith of the transaction but also to show its inherent fairness from the viewpoint of the corporation and those interested therein.
How often courts cite the cases defining “fiduciary”
Court decisions citing the 2 opinions that defined “fiduciary” — 5,744 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1939–1963
an officer or a managing employee of a Debtor in possession may be a fiduciary for purposes of § 249; that question requires in each case a careful examination of the nature of the particular applicant's activities, powers and responsibilities in connection with the reorganization
§ 249 Bankruptcy Act