QUESTION

Can LLC sue a LLC member?

Asked on Sep 10th, 2012 on Business Law - Illinois
More details to this question:
A member-managed LLC has 2 members with (equal equity). One member worked outside LLC without informing the LLC. Can the other member file a lawsuit representing the LLC?
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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If your question is whether the LLC can institute suit against its disloyal member, the answer is "yes." However, since both members have an equal interest in the LLC, it may be difficult for you member to overcome a defense by the defendant that the lawsuit was unauthorized by a majority of the members. Different states take different approaches to derivative actions by LLCs. You will want to discuss this matter directly with an attorney.
Answered on Sep 10th, 2012 at 7:20 PM

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