S&Co. were not parties to the Subscription Agreements. - 23 - KU 2747129.3 EFTA00294837 C. Each of Claimants' Common Law Claims Falk fireach of Fiduciary Duty There can be no claim for breach of fiduciary duty absent a fiduciary relationship between the parties. Cramer v. Devon Group, Inc., 774 F. Supp. 1

e that either occurred in this case. Accordingly, defendant is entitled to summary judgment on plaintiffs' promissory estoppel claim. F. Breach of Fiduciary Duty Plaintiffs' opposition brief to summary judgment argues their breach of fiduciary duty claim should also survive summary judgment. A review of the