Thoughts on Third-Party Liability – Tortious Interference vs. Aiding and Abetting the Breach of a Fiduciary Duty
A recent Delaware Court of Chancery ruling provides useful clarity on the differences between two commonly asserted claims of third-party liability: tortious interference and aiding and abetting the breach of a fiduciary duty. In Atlantic NWI, LLC v. The Carlyle Group Inc., et al., https://courts.delaware.gov/Opinions/Download.aspx?id=339620, Vice Chancellor Glasscock discussed how and why these claims differ.
Sometimes the Best Defense Is Just … a Defense
On June 16, 2021, the Delaware Court of Chancery denied the plaintiffs’ motion for partial judgment on the pleadings regarding portions of their declaratory judgment claim filed in Dr. Thomas Markusic, Dr. Maxym Polyakov, et al. v. Michael Blum, Patrick Joseph King, et al. Plaintiffs filed the declaratory judgment action in an attempt to preempt their adversary’s potential claims, and Chancellor McCormick’s rejection of the requested declaratory relief offers a key lesson for litigants contemplating a similar preemptive action.