Zutrau v. Jansing
In Zutrau v. Jansing, 2013 WL 1092817 (Del. Ch. Mar. 18, 2013), Jansing sought dismissal of a breach of fiduciary duty claim, arguing that it was barred by res judicata because "Zutrau was re-litigating her wrongful dismissal' claim."
In opposition, Zutrau argued that her claim for breach of fiduciary duty was not merely a "re-litigation of the wrongful removal' claim, but rather alleges that by removing and not replacing Zutrau, Jansing breached his fiduciary duties to the Company."
Ultimately, the court found that Jansing had not established that "that the original cause of action or the issues decided in it were the same as the case at bar," and concluded that the breach of fiduciary duty claim was not barred by res judicata.