Is an LLC a “Person”?

Is an LLC a “Person”?

      Whether a LLC will be treated as a “person” is context dependent. For example, in United States v. Human Services Associates, LLC, 216 F. Supp. 3d 841 (W.D. Mich. 2016), it was held that an LLC is not a “person” within the meaning of the Criminal Justice Act entitling the LLC to appointed counsel. In contrast, it was found, in In Re M-I L.L.C., 505 F. Supp. 3d (Tx. 2616), that an LLC is a “person” for purposes of the 14th Amendment due process clause. In contrast, American Rebel Arms, L.L.C. v. New Orleans Hamburger and Seafood Company, 186 So. 3d 1220 (La. Ct. App. 5^th Cir. 2016),  it was held that a LLC is not a “person” to whom a merchant owes a duty to keep a facility reasonably safe.