Duplicative Breach of Fiduciary Duty Claim Dismissed

Novack and Macey LLP
Contact

Novack and Macey LLP

The Northern District of Illinois dismissed a count of a complaint for breach of fiduciary duty that duplicated a claim for legal malpractice. The plaintiff alleged that the counts alleged different acts of wrongdoing,  but the court held that the plaintiff could not avoid the rule against pleading duplicative claims by arbitrarily assigning some facts to the breach of fiduciary duty count and some to the malpractice count.  Because all of the facts supported the malpractice claim, they were duplicative.

DD, Karma LLC v. John Paniaguas, 2021 WL 1239198

Written by:

Novack and Macey LLP
Contact
more
less

Novack and Macey LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.