The Exception to Pursuing Both Contract and Fiduciary Claims
Delaware courts have often thwarted plaintiffs' pursuit of both a claim for breach of contract and a claim for breach of fiduciary duty when those claims arose out of the same facts.
October 28, 2020 at 09:01 AM
5 minute read
L-R Francis Pileggi and Chauna Abner, Lewis Brisbois Bisgaard & Smith. Delaware courts have often thwarted plaintiffs' pursuit of both a claim for breach of contract and a claim for breach of fiduciary duty when those claims arose out of the same facts. See, e.g., Edinburg Holdings v. Education Affiliates, 2018 Del. Ch. LEXIS 182, at *34 (Del. Ch. June 6, 2018).
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