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IN RE SKY HARBOR HOTEL PROPERTIES, LLC

Nos. CV-19-0033-CQ; CV-19-0034-CQ.

443 P.3d 21 (2019)

IN RE: SKY HARBOR HOTEL PROPERTIES, LLC, Debtor. Sky Harbor Hotel Properties, LLC, Plaintiff, v. Patel Properties, LLC, Defendant. In re: Swift Air, LLC, Reorganized Debtor, MorrisAnderson & Associates, Ltd., Litigation Trustee for the Reorganized Debtor, Plaintiff, v. Redeye II, LLC, et al., Defendants.

Supreme Court of Arizona.

Filed June 25, 2019.

Attorney(s) appearing for the Case

John R. Clemency (argued), Lindsi M. Weber , Maria F. Hubbard , Polsinelli PC, Phoenix, Attorneys for Sky Harbor Hotel Properties, LLC.

Paul M. Levine (argued), Paul M. Levine, P.C., Scottsdale, Attorneys for Patel Properties, LLC.

Dale C. Schian (argued), Scott R. Goldberg , Schian Walker, P.L.C., Phoenix; Kim. R. Maerowitz , The Maerowitz Law Firm, Scottsdale, Counsel for MorrisAnderson & Associates, Ltd. Litigation Trustee.

Thomas J. Salerno , Alisa C. Lacey , Christopher C. Simpson , Anthony P. Cali (argued), Stinson Leonard Street LLP, Phoenix, Attorneys for Redeye II, LLC, et al.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES TIMMER, BOLICK, GOULD, LOPEZ and PELANDER (Retired) joined.

¶1 These consolidated cases involve alleged breaches of fiduciary duties. To address these claims, the United States Bankruptcy Court for the District of Arizona certified the following questions to this Court:

1. Does a manager of an Arizona limited liability company ("LLC") owe common law...

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