Delaware Business Litigation Report

Court Of Chancery Limits Fiduciary Claims Based On A Contract

CIM Urban Lending GP, LLC v. Cantor Commercial Real Estate Sponsor, L.P., C.A. 11060-VCN (February 26, 2016)

A recurring problem in Delaware jurisprudence is whether breach of contract and fiduciary duty claims may proceed simultaneously. This decision explains when they are duplicative of one another so that the secondary claim [here the breach of fiduciary duty one] should be dismissed.

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