Tag: Limited liability company

• Business Litigation

  Personal Liability for LLC Members

  • February 8, 2016
  • By Allen & Gooch

  Personal Liability May Still Exist for LLC Members, Despite the General Shield from Liability. In a previous blog article, “Louisiana Supreme Court holds that an individually licensed contractor is not a “professional” within the meaning of an exception to limited liability for LLC members,” I discussed a recent case which held that a contractor could […]

• Construction Law

  La. Supreme Court – Contractor has no Professional Duty that Would Create Personal Liability

  • January 5, 2016
  • By Allen & Gooch
  

  La. Supreme Court reverses Third Circuit In December 2014, the Third Circuit held that an individually-licensed contractor could be held personally liable to a homeowner under the professional duty exception to limited liability for LLC members. Nunez v. Pinnacle Homes, L.L.C., 2013-1302 (La. App. 3 Cir. 12/17/14), 158 So. 3d 71 writ granted, 2015-0087 (La. […]

• Business Litigation

  Personal Liability of LLC Member Now Determined by Four-Factor Test

  • January 23, 2014
  • By Allen & Gooch
  

  Louisiana Supreme Court Overrules Third Circuit In Ogea v. Merrit, 13-1085 (La. 12/10/13), — So. 3d —, the Louisiana Supreme Court overruled the appellate court’s holding that a member of a limited liability company (LLC) could be held personally liable for negligent design and construction.  The case deals with the construction of a new home […]

• Business Transactions

  Choosing a Business Structure for Your Louisiana Company

  • January 13, 2014
  • By Allen & Gooch
  

  Different Types of Business Structures With several ways to structure a business in Louisiana, choosing the best structure for your business can seem like a difficult task.  Here are a few things for business owners to think about and discuss with their legal counsel when structuring their business entity. Sole Proprietorships may be easy, but […]

• Business Transactions

  5 Reasons All LLC’s Need an Operating Agreement

  • December 23, 2013
  • By Allen & Gooch
  

  An Operating Agreement is an agreement between the members of an LLC about how the affairs of the business will be handled.  Many businesses, whether just starting out or fully established, may not realize they need an Operating Agreement.  Here are the top 5 reasons every LLC should have an operating agreement: 1.  Death, Divorce, […]