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.)
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 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.