Quimbee logo
DMCA.com Protection Status

Bastan v. RJM & Associates, LLC

2001 Ct. Sup. 7733 (2001)

Case BriefRelatedOptions
From our private database of 35,600+ case briefs...

Bastan v. RJM & Associates, LLC

Connecticut Superior Court

2001 Ct. Sup. 7733 (2001)

Facts

Robert Moravek, Sr., was the sole member of RJM & Associates, LLC (RJM) (defendant). RJM contracted with Charles Bastan (plaintiff) to build a house. RJM failed to pay its obligations on the contract with Bastan, and Bastan filed suit against RJM. One count in Bastan’s complaint sought to impose personal liability individually on Moravek. Bastan alleged personal liability based on the fact that Moravek was the controlling member of RJM, and arguing that (1) Moravek treated RJM funds as his own and paid virtually all his personal expenses from the RJM account, and (2) Moravek drained RJM’s assets, leaving RJM without the ability to meet its obligations. Bastan alleged that Moravek’s actions ceased RJM’s independence and that to allow the fantasy of the separate identities of RJM and Moravek would defeat the interest of justice. Moravek argued RJM was member operated and that piercing the limited-liability-company (LLC) veil was not possible, because Connecticut's statutory scheme allowed individuals to manage the LLC. Moravek provided law-review articles supporting the proposition that piercing the LLC veil was difficult for member-managed LLCs. Moravek argued that as a member-managed LLC, RJM could not be subject to piercing the LLC veil under the identity theory that there was a unity of interest in and ownership of the LLC such that the independence of the LLC ceased, because the LLC statute allowed members to act as individuals to manage the LLC.

Rule of Law

Issue

Holding and Reasoning (Beach, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 618,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 618,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 618,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership