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Breach of Fiduciary Duty: A Cause of Action in MD?

Does Maryland recognize an independent cause of action for breach of fiduciary duty? The courts disagree amongst themselves. The Court of Appeals of Maryland has made seemingly contradictory statements on the subject, at times calling for a case-by-case analysis, but at other times making the blanket assertion that “Maryland does not recognize a separate tort action for breach of fiduciary duty.” The lower courts have exhibited a similar degree of confusion, with some frankly acknowledging “varied” interpretations in the conflicting opinions. Litigants can cite controlling and persuasive authority on both sides, and busy and beleaguered jurists reach irreconcilable conclusions. It stands to reason that at least some of these conflicting opinions must be incorrect. Click the link below to view the full article.