Judicial Expulsion of a Member from an LLC

Judicial Expulsion of a Member from an LLC

 

I have published Judicial Expulsion of a Member: What We Have Learned from All Saints University of Medicine Aruba, IE Test and Kenny v. Fulton Associates in the July-August 2019 issue of Journal of Passthrough Entities.

In this article I review a trio of cases that involved the judicial expulsion of a member.  In IE Test it was held that there was not a basis for expulsion, while Medical College of Aruba found that the facts justified expulsion, leaving the court to fashion an appropriate remedy.  The Kenny case involved an interesting application of expulsion, in this instance based upon a member’s breach of the operating agreement and his fiduciary duties.

HERE IS A LINK to the article.