WAKA, L.L.C. v. Humphrey

By Judge Leslie M. Alden

This matter came before the Court on January 26,2007, upon Messrs. Walicek, Lowiy, and LeHane’s demurrer to Mr. Humphrey’s Third-Party Complaint stating a direct claim for breach of fiduciary duty. At the conclusion of the hearing, the Court took the demurrer to Count m under advisement and granted the parties leave to submit supplemental briefs. The parties were instructed to address whether the managers, members, and member-managers of a limited liability company owe fiduciary duties to one another. For the reasons stated below, the demurrer is sustained.

I. Facts

The…