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Business Organizations Law

Matthew G Dore

2011

Corporations

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What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore Jan 2011

What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore

Matthew G Dore

State legislatures gave scant consideration to tort victims' rights when authorizing the LLC as a new limited liability business option. Nonetheless, state LLC acts leave untouched agency law principles that preserve personal tort liability claims against individual LLC participants. This article explains why this residual tort liability path and related defensive doctrines offer the best hope for a principled accommodation of expanded limited liability business options and the interests of third party tort victims.