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).

More specifically, Delaware courts have held that “fiduciary duty claims may not proceed in tandem with breach of contract claims absent an independent basis for the fiduciary duty claims apart from the contractual claims.” See MHS Capital v. Goggin, 2018 Del. Ch. LEXIS 15, at *21 (Del. Ch. May 10, 2018) (emphasis added). This is a determining factor in deciding whether both claims may proceed to trial.

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