Yours truly and my colleague Chauna Abner have published an article for the recent issue of The Delaware Business Court Insider on the titular topic. The analysis that determines when dual claims for breach of contract and breach of fiduciary duty based on substantially the same operative facts might survive a motion to dismiss, is
Stevanov v. O’Connor, No. 3820-VCP(Del. Ch., April 21, 2009), read opinion here.
Kevin Brady, a highly respected Delaware litigator, provides us with the benefit of his summary of this Delaware Chancery Court decision as follows:
Vice Chancellor Parsons granted in part and denied in part defendant – ex-husband’s motion for summary judgment with respect…