Posts tagged Direct vs. Derivative.

When a member or shareholder of a company or corporation sustains a loss, is that member's loss directly compensable by a direct suit? Or does the member have to bring a derivative suit on behalf of the corporation? While it may sound like an easy question, the inquiry involved to arrive at the answer can be confusing. Recently, the Third District Court of Appeals in Florida shed some light on the analysis. In Dinuro Investments, LLC v. Camacho et al., 2014 WL 3290609, ---So.3d--- (Fla. 3d DCA July 9, 2014), the plaintiff and the two defendants established an LLC to develop real property. The ...

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