Friday, July 19, 2019

Court Corrects References to Limited Liability Corporation


Court Corrects References to Limited Liability Corporation


In the Business Law Prof Blog, Professor Joshua Fershee (who is, by the way, transitioning from a professorship at West Virginia Law to the Dean of Creighton University Law) has reviewed a decision from Tennessee in which the court (if not the parties) paid attention to the nomenclature of LLCs. In this case, Fernando Campspl v. Gore Capital, LLC,  3:17-CV-1039, 2019 WL 2763902 (M.D. Tenn. July 2, 2019), the plaintiff filed a complaint alleging that a particular defendant organized in Delaware was a limited liability corporation. In a footnote, the court noted that in fact the entity was a “limited liability company.” (emphasis added).

The title of that posting is Tennessee Court Subtly Affirms that LLCs are Not Corporations; HEREIS A LINK to that posting.

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