A creditor’s exclusive remedy against a debtor who is a member or manager of a limited liability company (LLC) is a charging order on the debtor’s distributional interest. McClandon v. Dakem & Associates, LLC, (see here), a recent Florida appellate case, illustrates that while the charging order remedy is flexible enough to allow for some creative …
Author Archives: PaulP
Landlord’s Double-Rent Holdover Claim Barred by Res Judicata – A Deep Cut (IL 2012)
A commercial lease dispute sets the backdrop for an appeals court’s nuanced discussion of statutory holdover damages and when res judicata and claim-splitting defeat a second lawsuit involving similar facts to and subject matter of an earlier case. For many years, the tenant in Degrazia v. Levato operated “Jimbo’s” – a sports bar set in …
ReMax Franchisor Defeats Tortious Interference Claim With Privilege Defense – IL 4th Dist.
The plaintiffs in Byram v. Danner, 2018 IL App (4th) 170058-U, sued after their planned purchase of a Remax real estate franchise imploded. The plaintiffs missed an installment payment and the defendants responded by cancelling the agreement. Plaintiffs then filed a flurry of tort claims including fraud and tortious interference with contract. Plaintiffs’ fraud count …