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Kasten v. Doral Dental USA, LLC

Supreme Court of Wisconsin
733 N.W.2d 300 (2007)


Facts

Marie Kasten (plaintiff) was a member of Doral Dental USA, LLC (Doral) (defendant). Suspecting that Doral’s management was engaging in actions adverse to her interests, Kasten made numerous requests to inspect company records, including electronic files and documents drafts. When Doral did not allow inspection of all of the documents requested, Kasten filed suit, seeking an order requiring Doral to provide her with the documents. The circuit court held that the emails and document drafts that Kasten requested were not subject to inspection either under the Wisconsin Limited Liability Company Law (WLLCL) or Doral’s operating agreement. Kasten appealed. The court of appeals certified the question to this court, as to the scope of a limited liability company member’s right of inspection, and whether that right includes inspection of emails and document drafts.

Rule of Law

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Issue

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Holding and Reasoning (Butler, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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