Remora Investmets, L.L.C. v. Orr

By Judge Randy I. Bellows

The present motion before the Court is the Defendants’ Exceptions to the Commissioner’s Report. At oral argument, the Court took under advisement whether this action should have been brought as a derivative claim, rather than as a direct claim. Both parties have fully briefed the issue. After careful consideration of the submitted briefs, the Court is prepared to rule on the issue of whether an action for breach of fiduciary duty can be brought as a direct action by one member of an LLC against the manager of that same LLC.

I. Factual and Procedural History

On January…