Corporate – LLC
Where the plaintiff owners of 39.44 percent membership interest in a single-purpose limited liability corporation have brought suit against the defendant holders of a 60.56 percent membership interest,...
View ArticleCivil practice – LLC – Joinder
Where a plaintiff’s complaint against an individual plaintiff was dismissed for non-joinder of a limited liability company, the LLC was not an indispensable party and thus the dismissal order must be...
View ArticleCivil practice – LLC – Additional defendant
Where a plaintiff obtained judgments against two individuals and a company, he should not have been permitted to add a limited liability company as a defendant.
View ArticleEmployment – Wage Act – LLC – Managers
Where a Wage Act complaint against two defendant managers of a limited liability company was dismissed, the dismissal order must be reversed because the defendants could be liable under the statute as...
View ArticleCorporate – LLC – Derivative claims
Where plaintiff members of a limited liability company brought derivative claims against the company’s manager, the complaint was correctly dismissed for lack of standing.
View ArticleJurisdiction – Removal – Remand – Diversity – LLC
Where a suit involving a limited liability company has been removed from Superior Court, a remand is in order because of a lack of complete diversity of citizenship. “[Plaintiff] DeRosa is a...
View ArticleCorporate – LLC – Individual liability
Where a judge amended a judgment against a limited liability company by substituting the LLC’s individual members in place of the LLC itself as liable parties, that ruling was unwarranted under Rule 60...
View ArticleAssets of LLC members beyond reach of litigants
A judge could not amend a judgment by employing Rule 60 of the Massachusetts Rules of Civil Procedure to put the individual members of a limited liability company in place of the LLC itself, the...
View ArticleCorporate – LLC – Show dog
Where a judge held two plaintiffs liable to the defendants’ limited liability company, the judgment must be reversed because the contract entered into by the plaintiffs was not with the LLC. “Seeking...
View ArticleJurisdiction – Diversity – Removal – LLC
Where a suit has been removed from state court, a New York limited liability company must state the citizenship of its members in order for a determination to be made regarding whether diversity...
View ArticleCommercial – Conversion – LLC
Where a jury awarded $40,000 to a defendant on a conversion counterclaim, the judgment should be affirmed based on the plaintiffs’ failure to sell snowplow equipment and pay the defendant his half...
View ArticleJurisdiction – Diversity – LLC
Where a plaintiff Massachusetts corporation and a coplaintiff limited liability company have brought suit against out-of-state defendants involving patents and trade secrets, the parties are diverse...
View ArticleAttorneys – Fiduciary duty – LLC – G.L.c. 93A
Where a judge dismissed claims brought by plaintiff minority members of a limited liability company against defendant attorneys retained by the majority members, the dismissal order must be reversed...
View ArticleEmployment – Wage Act – LLC – Managers
Where a Wage Act complaint against two defendant managers of a limited liability company was dismissed, the dismissal order must be reversed because the defendants could be liable under the statute as...
View ArticleCorporate – LLC – Derivative claims
Where plaintiff members of a limited liability company brought derivative claims against the company’s manager, the complaint was correctly dismissed for lack of standing.
View ArticleJurisdiction – Removal – Remand – Diversity – LLC
Where a suit involving a limited liability company has been removed from Superior Court, a remand is in order because of a lack of complete diversity of citizenship. “[Plaintiff] DeRosa is a...
View ArticleCorporate – LLC – Individual liability
Where a judge amended a judgment against a limited liability company by substituting the LLC’s individual members in place of the LLC itself as liable parties, that ruling was unwarranted under Rule 60...
View ArticleAssets of LLC members beyond reach of litigants
A judge could not amend a judgment by employing Rule 60 of the Massachusetts Rules of Civil Procedure to put the individual members of a limited liability company in place of the LLC itself, the...
View ArticleCorporate – LLC – Show dog
Where a judge held two plaintiffs liable to the defendants’ limited liability company, the judgment must be reversed because the contract entered into by the plaintiffs was not with the LLC. “Seeking...
View ArticleJurisdiction – Diversity – Removal – LLC
Where a suit has been removed from state court, a New York limited liability company must state the citizenship of its members in order for a determination to be made regarding whether diversity...
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