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Darren J. Schulman v. Scott B. Schulman, et al.

07-21-08 A-4674-06T1

In this case, we limit the Supreme Court's holding in Puder v. Buechel, 183 N.J. 428 (2005) by finding it inapplicable to the facts presented. Plaintiffs' shareholder derivative claims for legal malpractice and breach of fiduciary duty, as well as
their individual and derivative claims for fraud and breach of contract, are not subject to dismissal under Puder's rationale. We therefore reverse the trial judge's orders of dismissal, entered prior to discovery, and based solely upon the holding in Puder, and remand for further proceedings.