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Kubican v. The Tavern, LLC

West Virginia Supreme Court of Appeals
752 S.E. 2d 299 (2013)


Joseph Kubican (plaintiff) was involved in an altercation at Bubba’s Bar and Grill (Bubba’s) (defendant), a fictitious name used for business purposes by The Tavern, LLC (Tavern) (defendant). Kubican initially sued Bubba’s, but later learned that James Paugh and Lawson Magnum were the sole members of Tavern. Kubican sought leave to amend his original complaint to assert veil piercing against Paugh and Magnum. The trial court certified to the court of appeals the question of whether West Virginia’s version of the Uniform Limited Liability Company Act (Act) protected members of a limited-liability company (LLC) against a plaintiff seeking to pierce the corporate veil. Kubican argued that no other court had found that the Act prohibited corporate-veil piercing. The Tavern argued that the Act expressly shielded members and managers of LLCs from personal liability.

Rule of Law


Holding and Reasoning (Davis, J.)

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