I remember Lucien Cardin, but had totally forgotten even the existence of John Nicholson.

One minor point, though:

"[71] Fiduciary duty has meaning as a legal term and should not be used “as a conclusion to justify a result.”  I therefore find on the applicable law that a fiduciary duty of care has not been established.
[72] A duty of care at common law, however, has been established."