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Can I name all the individual partners as Defendants if I sue a General Partnership?

If I file suit against a General Partnership for various intentional torts, am I legally permitted to also include each individual partner of the General Partnership itself as Defendants in the suit?

Phoenix, AZ -

Attorney Answers (3)

Brad A Denton

Brad A Denton

Business Attorney - Mesa, AZ
Answered

This depends on the facts of the case. If the general partnership is a true general partnership (not a limited partnership), then each of the partners is individually liable for the partnership's liabilities anyway. But it is very rare nowadays to see a business intentionally structured as a general partnership. I wonder if you meant to say that the business is a limited partnership, with general partners?

Even if the entity is a limited partnership (or some other form of entity besides a general partnership), then if the intentional torts were personally committed by the individual partners, then you probably can sue them individually. In addition, there may be grounds to "pierce the veil" of ownership and hold the owners liable for what they have done. However, this must be done properly and should be based upon actual facts known to you. You will want to discuss those aspects with an attorney.

Brad Denton
480-655-7440
GundersonDenton.com

This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on... more
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Thomas J. Bashara II

Thomas J. Bashara II

Business Attorney - Mesa, AZ
Answered

Generally, you may name the partnership and all of the general partners in a case. However, there are exceptions to the liability of a partner and to the liability of a partnership. You should definitely speak to attorney.

Frederick Charles Thomas

Frederick Charles Thomas

Contracts / Agreements Lawyer - Phoenix, AZ
Answered

Without knowing more about the nature of the case and the nature of the partnership, I agree with the comments above.

The above statement does not create an attorney-client relationship and the submitting party should not consider... more
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