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Maryland Does Not Recognize a Breach of Fiduciary Duty Claim

To the surprise of many commercial litigators, Maryland does not recognize an independent breach of fiduciary duty claim. The Court of Special Appeals recently stated “In a claim for monetary damages at law … an alleged breach of fiduciary duty may give rise to a cause of action, but it does not, standing alone, constitute a cause of action.” Wasserman v. Kay, 197 Md. App. 586, 631 (2011).

In other words the proper count is a breach of contract or negligence claim which follows what is commonly referred to as a breach of fiduciary duty. For additional information, please contact the commercial litigation practice group of Silverman, Thompson, Slutkin & White, LLC for more information.

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