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DASS v. YALE

Docket No. 1-12-2520.

3 N.E.3d 858 (2013)

2013 IL App (1st) 122520

378 Ill. Dec. 293

Biplob DASS and Brett Garry, Plaintiffs-Appellants, v. Craig YALE, Defendant-Appellee (LDC, Inc., f/k/a Lexus Development Corporation, an Illinois Corporation, Defendant).

Appellate Court of Illinois, First District, Fifth Division.

December 20, 2013.

Attorney(s) appearing for the Case

J. Eric Vander Arend , of Hughes Socol Piers Resnick & Dym, Ltd., of Chicago, for appellants.

Mario A. Sullivan , of Law Offices of Peter Anthony Johnson, P.C., of Chicago, for appellee.

OPINION

Presiding Justice GORDON delivered the judgment of the court, with opinion.

¶ 1 According to plaintiffs, the instant case provides a case of first impression. They claim that the legislature never intended section 10-10 of the Limited Liability Company Act (the LLC Act) (805 ILCS 180/10-10 (West 2010)) to shield limited liability company members or managers who commit fraud. The trial court found immunity under the LLC Act, which caused the...

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