What is the test for an aiding and abetting breach of fiduciary duty?
The following excerpt is from Robert C. Mayer, Jr., D. Walker Wainwright, Am. Intermodal Container Mfg. Co. v. Patrick Marron, John Maguire, Howard Leggett, One-Way Lease, Inc., 2015 NY Slip Op 32811 (U) (N.Y. Sup. Ct. 2015):
To assert an aiding and abetting breach of fiduciary duty claim under Delaware law,6 a plaintiff must allege: "(1) the existence of a fiduciary relationship, (2) a breach of the fiduciary's duty, (3) knowing participation in that breach by the defendants, and (4) damages proximately caused by the breach." Malpiede v. Townson, 780 A.2d 1075, 1996 (Del. 2001).
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