Florence Cement Co. v. Vettraino, et al.
May 03, 2011OUTCOME: In favor of my client
The Michigan Court of Appeals held that: "(1) members of LLC treated LLC as mere instrumentalities of themselves; (2) members used LLC to commit wrong or fraud; (3) contractor suffered unjust injury ... or loss; (4) payments made by LLC during insolvency were distributions; (5) distributions during insolvency rendered members personally liable, jointly and severally, for distributions; (6) judgment against member on distributions claim did not violate member's due process rights; (7) member waived statute-of-limitations defense; and (8) statute governing distributions claims did not permit contractor to recover directly from member."
