Staisz v. Resurrection Physicians Provider Group, Inc.

Illinois Appellate Court
Civil Court
Shareholder Suit
Citation
Case Number: 
2022 IL App (1st) 201316
Decision Date: 
Monday, May 9, 2022
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
COGHLAN

Plaintiff filed suit alleging shareholder oppression under section 12.56 of the Business Corporation Act of 1983 and breach of fiduciary duty relating to the termination of her participating physician agreement and shareholder status. Circuit court dismissed the complaint for lack of standing and plaintiff appealed. The appellate court affirmed finding the clear and unambiguous language of the statute requires an individual to be a shareholder when commencing an action seeking shareholder remedies and plaintiff lacked standing to bring suit because she could not establish her status as a petitioning shareholder. (PUCINSKI and WALKER, concurring)