In Personal Touch Holding v. Glaubach, C.A. No. 11199-CB (Del. Ch. Feb. 25, 2019), Chancellor Andre G. Bouchard expounded on the limits of the corporate opportunity doctrine. Central to this post-trial opinion is his discussion regarding the contours of the “line of business” test and the need to apply the concept flexibly and sensibly when determining whether a corporation has an interest in a line of business.
As set forth in the opinion, the facts with respect to the alleged corporate opportunity were not complicated. The plaintiff, Personal Touch, was in the business of providing home health care services, including nursing, physical therapy and long-term care. It operated through various subsidiaries with locations in seven states.
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