Dunbar Group, LLC v. Tignor
Supreme Court of Virginia
593 S.E.2d 216 (2004)
The Dunbar Group, LLC (Dunbar) (plaintiff) and Archie Tignor (defendant) formed and were the sole managers of XpertCTI, LLC (Xpert). Tignor was also the president of X-tel, Inc. Edward Robertson was the sole member and manager of Dunbar. Xpert entered into a contract with Samsung Telecommunications America, Inc. (Samsung). Disputes arose between Robertson and Tignor over Xpert’s management. Dunbar, Xpert, and Robertson brought suit, requesting an order expelling and dissociating Tignor as a member of Xpert. Tignor brought a separate action against Dunbar and Xpert, seeking dissolution of Xpert under Virginia Code § 13.1-1047, which provides for judicial dissolution of an LLC if it is not reasonably practicable to carry on the business according to the articles of organization and any operating agreement. The two actions were consolidated. The record showed that Tignor had placed checks payable to Xpert into X-tel’s bank account, caused checks written from Xpert’s checking account to bounce, evicted Robertson from the office space Dunbar was renting from X-tel, and terminated Robertson’s email account with Xpert. The chancellor ordered that Tignor be expelled as a member of Xpert, and that Robertson continue to operate Xpert during the term of the Samsung contract, after which it would be dissolved. Dunbar appealed the portion of the order providing for the dissolution of Xpert, arguing that the evidence was not sufficient to support a finding that it would not be reasonably practicable to carry on Xpert’s business after Tignor’s expulsion as a member.
Rule of Law
Holding and Reasoning (Keenan, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 159,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 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.