Peter Mahler’s Summer Shorts

Peter Mahler’s Summer Shorts

      Peter Mahler, in his blog New York Business Divorce, has presented his annual “Summer Shorts” posting. Therein he provides summaries of no less than five cases, namely: 

·         a decision upholding the termination for cause of an LLC member based on a felony conviction that preceded his membership;

·         a decision denying a motion to dismiss a statutory counterclaim for deadlock dissolution which the plaintiff unsuccessfully argued was foreclosed because of the plaintiff’s own request for dissolution;

·         a decision refusing to limit the plaintiff limited partners’ access to books and records under the normal rules governing discovery in plenary actions based on provisions in the partnership agreement giving the general partner discretion to withhold certain information;

·         a decision denying defense motions to dismiss a statutory dissolution action on procedural grounds and based on issue or claim preclusion;

·         and finally, an unusual decision by the Mississippi Supreme Court in an oppression case brought by a 49% shareholder against the other 51% shareholder, affirming the trial judge’s remedial order for the transfer of a 1% interest thereby equalizing the two shareholders at 50/50, in lieu of dissolution.

      That posting, dated August 17, is titled Summer Shorts: For-Cause Termination of LLC Member and Other Decisions of Interest; HERE IS A LINK to this article.