David Duncan and Rachel Stroup win summary judgment in breach of fiduciary duty case

In February 2014, David Duncan and Rachel Stroup successfully obtained summary judgment for our clients, directors and shareholders of a small corporation, on breach of fiduciary duty claims brought by the plaintiff. Relying on Delaware law, Duncan and Stroup argued that the plaintiff filed too late because the statute of limitations began to run not when the action that allegedly injured the plaintiff was taken, but when the directors took the vote that led to that action. The Massachusetts Superior Court judge agreed and dismissed the plaintiff’s lawsuit in its entirety.