Certified Questions of Law Currently Before the Court of Appeals

September Term, 2019

For further information, please contact the Clerk's Office at 410-260-1500.


William H. Plank, II, et al. v. James P. Cherneski, et al. - Misc. No. 3, September Term, 2019

Certified Question from the Court of Special Appeals

Questions - 1) May minority members of an LLC (a) bring a stand-alone cause of action for breach of fiduciary duty against the managing member of the LLC (b) premised on allegations that the managing member was engaged in unlawful actions that placed at risk the investments of the minority members? 2) If so, is such a claim (a) limited to allegations that would support another viable cause of action, (b) limited to allegations that would not also support another viable cause of action, or (c) not limited by whether or not there is another viable cause of action to address the same conduct?

To be argued in the December, 2019 session of Court.

Counsel for appellants: James B. Astrachan, Elizabeth A. Harlan, H. Mark Stichel  
Counsel for appellees: Jeffrey M. Schwaber, Deanna L. Peters, Albert Mezzanotte, Jr., Ilana Subar