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Daniel Katz Case

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Subsections (a)(1), (a)(2), (b)(4), (b)(5), and (d) of ET § 17-113, all illustrate that an agent’s primary obligation to a principal under a power of attorney is to act in the best interest of the principal, i.e., Daniel Katz. Id. Were this a motion for summary judgment Martin would easily show that he has acted constant with his obligations under ET § 17-113, but such is not the question here. Rather, the material question in this matter is whether plaintiffs have pleaded facts sufficient to show that Martin has acted inconsistent with his duties under ET § 17-113.
In paragraphs 35, 36, 37, and 42, plaintiffs provide an exhaustive list of demands that Lauren and Rifkin feel are owed to them from Daniel’s assets. These self-serving—and frankly, quite concerning—assertions fundamentally misapprehend the nature of the fiduciary relationship at issue here. In this matter, Martin owes no duties to Lauren or Rifkin. Rather, pursuant to the power of attorney, Martin only owes fiduciary obligations to Daniel to provide for his best interest, as Daniel—and no one else—is the principal. Indeed, plaintiffs’ complaint is full of allegations …show more content…

of Teamsters v. Willis Corroon Corp., 369 Md. 724, 727 n.1 (2002); Kann v. Kann, 344 Md. 689, 693 (1997) (“[A]llegations of breach of fiduciary duty, in and of themselves, do not give rise to an omnibus or generic cause of action at law that is assertable against all fiduciaries.”). Fiduciary obligations may surely arise by means of contract, the imposition of a duty in tort, or some other sort of relationship, and when they do, “[c]ounsel are required to identify the particular fiduciary relationship involved, identify how it was breached, consider the remedies available, and select those remedies appropriate to the client's problem.” Kann, 344 Md. at

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