Topic: to establish a claim for breach of fiduciary duty, a plaint… · Go Syfert
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Topic #6781

6 canonical passages across 5 cases, quoted by 79 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Sykes v. Health Network Solutions, Inc..

#Case FlagCanonical passage Citers
1 Sykes v. Health Network Solutions, Inc. Anchor
nc · 2019
green “to establish a claim for breach of fiduciary duty, a plaintiff must show that: (1) the defendant owed the plaintiff a fiduciary duty; (2) the defendant breached that fiduciary duty; and (3) the breach of fiduciary duty was a proximate cause of injury to the plaintiff.” 27
2 Branch Banking and Trust Co. v. Thompson
ncctapp · 1992
green “parties to a contract do not thereby become each other's fiduciaries; they generally owe no special duty to one another beyond the terms of the contract.” 25
3 Azure Dolphin, LLC v. Barton
nc · 2018
green “in the event that a party 'fails to allege any special circumstances that could establish a fiduciary relationship,' dismissal of a claim which hinges upon the existence of such a relationship would be appropriate.” 8
4 Kaplan v. O.K. Technologies, L.L.C.
ncctapp · 2009
green “no fiduciary relationship arises absent the existence of dominion and control by one party over another.” 8
5 Sykes v. Health Network Solutions, Inc.
nc · 2019
green “our courts have been clear that general contractual relationships do not typically rise to the level of fiduciary relationships.” 7
6 Ironman Med. Props., LLC v. Tanvir Chodri
ncctapp · 2019
green “a constructive fraud claim requires a plaintiff to allege and show (1) that the defendant owes the plaintiff a fiduciary duty; (2) that the defendant breached that duty; and (3) that the defendant sought to benefit himself in the transaction.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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