ATLANTIC XXXI, LLC v. ART MIDWEST, LP

Docket No. 278104.

760 N.W.2d 316 (2008)

281 Mich. App. 733

ATLANTIC XXXI, LLC v. ART MIDWEST, LP.

Court of Appeals of Michigan.

Decided December 18, 2008, at 9:00 a.m.


Attorney(s) appearing for the Case

Siciliano, Mychalowych, Van Dusen and Feul, PLC (by Andrew W. Mychalowych and Lindsay James), Farmington Hills, for Atlantic XXXI, LLC.

Clark Hill PLC (by Peter A. Jackson and Mark W. McInerney), Detroit, for American Realty Trust, Inc.

Before: MURPHY, P.J., and SAWYER and WHITBECK, JJ.


SAWYER, J.

In this case, we must resolve whether a claim that seeks to impose liability on a limited partner of a limited partnership organized under foreign law must be resolved by applying Michigan law or the law of the foreign jurisdiction. We hold that, without regard to the underlying basis for the claim of liability, the law of the jurisdiction under which the partnership is organized controls the resolution of the issue of liability.

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