Supreme Court of Maryland Grants Certiorari Review in Silverman Thompson Business Law Case

 Posted on August 06, 2026 in Appeals - State & Federal

In July 2026, Bill Sinclair, Todd Hesel and Christopher Mincher persuaded the Supreme Court of Maryland to grant certiorari review on behalf of our client, Henry Porter, in a dispute over his ouster from an LLC he co-founded and co-owned.

Certiorari review is the mechanism through which the Maryland Supreme Court grants discretionary review of decisions by the Maryland intermediate appellate court.  Although certiorari review is relatively rare — roughly four out of every five petitions are denied — our client’s case marks the third consecutive year in which Silverman Thompson will argue before the Maryland Supreme Court.

This case began in 2018 when Mr. Porter’s fellow board members and co-owners voted him out of their LLC, which operated a medical marijuana dispensary.  A dispute over the legitimacy of that ouster led Mr. Porter’s co-founders to sue him, and to a countersuit by Mr. Porter. The lawsuits culminated in a 17-day bench trial over the summer of 2021 and a declaratory judgment affirming our client’s dissociation from the LLC.

Silverman Thompson appealed that decision to the Appellate Court of Maryland, where Mr. Porter argued that his fellow board members breached their duties of candor and entire fairness by deceiving him about the purpose of the board meeting at which the ouster occurred. The Appellate Court disagreed, finding that the fiduciary duties cited by our client either were not breached or did not apply.  

But the Supreme Court of Maryland agreed to take another look, granting review on four issues presented by our client:

1. Do managing members of an LLC owe a duty of candor to a fellow managing member when convening a board meeting to vote on that member’s removal?

2. Is a managing member harmed when co-managers deceive him about the purpose of a removal meeting, depriving him of the ability to prepare a defense or protect his ownership interest?

3. Does the entire-fairness standard apply to conflicted transactions by managing members of an LLC absent an express provision in the operating agreement, and, if so, was it satisfied here?

4. Did the lower courts misapply the doctrine of unclean hands as a basis for denying equitable relief?

The case will likely be a milestone in Maryland business law. The Maryland Supreme Court’s 2020 decision in Plank v. Cherneski, 469 Md. 548 (2020) recognized for the first time that an LLC’s managing members owe common law fiduciary duties to one another. Since then, the Supreme Court has shown an increased interest in addressing business law, and in particular, LLC-related issues.

This case presents the Court with an opportunity to examine the contours of those duties in the context of a dispute among LLC members. The case is currently scheduled for oral argument in December 2026.

Bill Sinclair

Partner Bill Sinclair heads the Firm’s business litigation group and was lead trial counsel for Mr. Porter. He has also briefed and argued several appeals before the Appellate Court (including in this case) and in the United States Courts of Appeals for the Third, Fourth and Ninth Circuits. He will be arguing this case before the Maryland Supreme Court.  

Todd Hesel

Partner Todd Hesel oversees a diverse civil litigation portfolio, including multi-jurisdictional business disputes. Most notably, Mr. Hesel is Silverman Thompson's in-house appellate attorney, leading a team of experienced civil and criminal appeals lawyers. While Mr. Hesel takes pride in his ability to achieve success for clients across various legal matters, he specializes in appellate work. He is recognized as one of the best appellate attorneys in the state.

Christopher J. Mincher 

Partner Chris Mincher provides guidance and representation in government, administrative, and regulatory processes and litigation for a broad range of clients. He is known as a skillful and sophisticated appellate lawyer who is able to distill and convey complex legal arguments clearly and persuasively. Mr. Mincher uses his background to help navigate complicated legal frameworks and advance his clients' interests in disputes and litigation.

Silverman Thompson’s Appellate Practice 

At Silverman Thompson, our appellate practice is led by experienced attorneys with a record of results for clients across a wide range of civil and criminal matters. Our team understands how to approach a case with a fresh perspective, looking for potential legal or factual errors in the trial court. Our attorneys are often asked to litigate appeals in cases tried by other firms. Notable successes by Silverman Thompson’s appellate team can be viewed here.