ARTICLE: PERSONAL LIABILITY OF CORPORATE OFFICIALS IN EJECTMENT ACTIONS: EVOLUTION OF THE TORT AND THE IMPLICATIONS OF METROMEDIA CO. V. WCBM MARYLAND, INC. Skip over navigation
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Copyright (c) 1992 The University of Baltimore Law Review
University of Baltimore Law Review

ARTICLE: PERSONAL LIABILITY OF CORPORATE OFFICIALS IN EJECTMENT ACTIONS: EVOLUTION OF THE TORT AND THE IMPLICATIONS OF METROMEDIA CO. V. WCBM MARYLAND, INC.

Fall, 1992

22 U. Balt. L. Rev. 37

Author

Lawrence S. Greenwald + and Charles S. Hirsch ++

Excerpt

Most corporate officers and directors sleep easily at night believing that if they act solely in the best interest of their corporation and avoid activities that would permit the piercing of the corporate veil, 1 they are insulated from personal liability for actions taken on behalf of the corporation. The Court of Appeals of Maryland recently sent a wake-up call to corporate officers and directors in Metromedia Co. v. WCBM Maryland, Inc. 2 In WCBM, the court reaffirmed a long held, but frequently overlooked, principle -- that corporate officers and directors are personally liable for tortious acts that they commit, inspire, or in which they participate, even if performed in the name of the corporation. What may add an extra jolt to an already restless group of corporate officials is that the underlying cause of action in WCBM was ejectment, an action that many people think of as strictly possessory. This article will discuss the nature and evolution of ejectment as a tort, the individual liability of corporate officials for tortious acts, and the WCBM case.
 
I. HISTORY OF EJECTMENT

Although misconceptions exist surrounding the nature of ejectment, it is historically a tort action. Ejectment originated at common law as a form of trespass. 3 At common law, a tenant could bring an action for ejectment to recover damages from a person who wrongfully ejected him from his premises. 4 Under the original form of an ejectment action, a plaintiff's recovery was limited ...
 
 
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