breach of fiduciary duty claim (New Jersey) · Go Syfert
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breach of fiduciary duty claim in New Jersey

9 New Jersey opinions name it 2 courts 2002–2026 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Strasenburgh v. Straubmullergreen
nj · 1996 · cited in 2 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Plaintiff partially withdrew his claims of mismanagement (count III) and fraud (count VI) at trial to the extent they pertain *303 to the agreement to sell IFP's assets to Pace Plumbing Corp. These claims are captured by the breach of fiduciary duty claim (count I), which we "generally regard[ ] as derivative claims unless *127 the injury to shares is distinct." Strasenburgh , 146 N.J. at 552 , 683 A.2d 818 (citation omitted).

2018Plaintiff partially withdrew his claims of mismanagement (count III) and fraud (count VI) at trial to the extent they pertain *303 to the agreement to sell IFP's assets to Pace Plumbing Corp. These claims are captured by the breach of fiduciary duty claim (count I), which we "generally regard[ ] as derivative claims unless *127 the injury to shares is distinct." Strasenburgh , 146 N.J. at 552 , 683 A.2d 818 (citation omitted).

12
Eduardo Cortez v. Joseph G. Gindhart, Esquire D/B/A Joseph G. Gindhart & Associates and Joseph G. Gindhart & Associatesgreen
njsuperctappdiv · 2014 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026See Cortez, 435 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Meisels v. Fox Rothschild LLP neutral
nj · 2018
2 sentences

2020The Court also granted plaintiff’s cross-petition, seeking review of the Appellate Division’s judgment dismissing the breach of fiduciary duty claim. 236 N.J. 44 (2018).

2020We also granted plaintiff’s cross-petition, seeking review of the Appellate Division’s judgment dismissing the breach of fiduciary duty claim. 236 N.J. 44 (2018).

12020–2020
Hazzard v. Chase National Bank green
nysupct · 1936
1 sentence

2018The breach of any duty an indenture trustee does owe "neither gives rise to fiduciary duties nor supports" a breach of fiduciary duty claim, ibid. (alteration in original).

12018–2018
Harbor Commuter Serv., Inc. v. Frenkel & Co. green
njsuperctappdiv · 2008
1 sentence

2018In stark contrast, "[i]nsurance brokers stand in a fiduciary capacity with their clients , to whom they owe a duty to exercise reasonable skill and good faith." Harbor Commuter Serv., Inc. v. Frenkel & Co. , 401 N.J.

12018–2018
County of Essex v. First Union Bank green
njsuperctappdiv · 2004
1 sentence

2006Id. at 548, 862 A.2d 1168 .

12006–2006
St. James v. Future Finance green
njsuperctappdiv · 2001
2 sentences

2004James v. Future Finance, 342 N.J.Super. 310, 343 , 776 A. 2d 849 (App.Div.) (holding that a plaintiff could not collect both treble damages under RICO and punitive damages under a breach of fiduciary duty claim), certif. denied, 170 N.J. 388 , 788 A. 2d 773 (2001).

2004James v. Future Finance, 342 N.J.Super. 310, 343 , 776 A. 2d 849 (App.Div.) (holding that a plaintiff could not collect both treble damages under RICO and punitive damages under a breach of fiduciary duty claim), certif. denied, 170 N.J. 388 , 788 A. 2d 773 (2001).

12004–2004
Samuel v. Doe green
nj · 1999
2 sentences

2002See *333 R. 2:2-l(a)(2); Samuel v. Doe, 158 N.J. 134, 140 , 727 A.2d 1016 (1999).

2002See *333 R. 2:2-l(a)(2); Samuel v. Doe, 158 N.J. 134, 140 , 727 A.2d 1016 (1999).

12002–2002
Scribner v. O'Brien, Inc. green
conn · 1975
1 sentence

2002Id. at 541-42 , 562 A.2d 208 . *315 An independent duty was found to exist in Scribner, supra, 363 A.2d at 168 .

12002–2002
Walker Rogge, Inc. v. Chelsea Title & Guaranty Co. green
nj · 1989
2 sentences

2002In granting summary judgment for the defendant on the breach of fiduciary duty claim, the District Court relied on our decision in Walker Rogge, supra, 116 N.J. at 535 , 562 A.2d 208 , in which we held that “a title company’s liability is limited to the policy and ... the company is not liable in tort for negligence.” In Walker Rogge , we found that the cause of action for breach of fiduciary duty sounded in contract rather than tort, and remanded the matter to the trial court to determine whether the title insurance company had assumed any duties apart from those explicitly stated in the insu

2002In granting summary judgment for the defendant on the breach of fiduciary duty claim, the District Court relied on our decision in Walker Rogge, supra, 116 N.J. at 535 , 562 A.2d 208 , in which we held that “a title company’s liability is limited to the policy and ... the company is not liable in tort for negligence.” In Walker Rogge , we found that the cause of action for breach of fiduciary duty sounded in contract rather than tort, and remanded the matter to the trial court to determine whether the title insurance company had assumed any duties apart from those explicitly stated in the insu

12002–2002

Where else courts name it

TX 277 (1999–2026) NY 167 (1998–2026) CA 89 (1990–2026) DE 75 (1996–2026) IL 67 (1991–2025) OH 45 (1999–2026) NC 40 (1989–2026) GA 25 (1989–2026) PA 25 (1986–2024) WA 22 (2000–2026) CO 21 (1987–2026) FL 16 (1984–2026) UT 15 (2010–2025) MA 13 (1996–2026) SC 13 (2004–2025) MO 13 (1990–2024) MD 12 (1991–2022) MI 11 (2002–2025) AL 11 (1987–2018) WI 11 (2005–2025) ME 11 (2002–2023) LA 10 (1988–2022) KY 10 (2013–2025) NJ 9 (2002–2026) IN 9 (2001–2025) VA 9 (1996–2026) AZ 8 (1999–2023) IA 8 (2000–2023) CT 8 (1998–2025) DC 8 (1992–2025) OR 8 (1979–2015) MN 7 (1999–2024) MS 6 (2001–2009) ID 6 (1992–2026) NM 5 (1997–2018) WV 5 (2018–2023) KS 5 (1992–2026) ND 4 (2004–2010) RI 4 (2003–2019) OK 3 (2009–2017) SD 2 (2009–2014) AK 2 (2010–2019) NV 2 (2010–2024) HI 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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