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Sued personally while carrying out duty as officer of a corporation



"baffled"
1/31/2004 11:20:25 PM


I am an officer of a LLC. Some its clients sued the corporation about a
year
ago and the case is going to trial. They have named me personally as DOE-1
and sued me (personally) only 2 months ago. Though I was mentioned by name
in the original compaint one year ago they decided to sue me personally
because they thought that I am a better bet to collect any judgment. The
corporation is filing bankruptcy.
My motion to dismiss the suit that I was carrying out my duty an officer
of
the corporation and not in my personal capacity was denied by the judge.
What then is the purpose of doing business as an LLC ?
there was no personal wrongdoing. I was negotiating with some plaintiffs on
contracts renewals. The corporation would not accept the terms demanded
by these plaintiffs and called off further negotiations.
the complaint alleged that I did not negotiate in good faith, and sued me
for fraud and misrepresentation. This is ludicrous. Just because we refused
to
accept the terms demanded by the plaintiffs. Where in law or anywhere else
say one has to accept the terms demanded by the other party in a
negotiation.
I have an attorney. He argued with the judge about me being mentioned by
name
in the first complaint and that I cannot be named as DOE-1. BUT JUDGE DENIED
HIS
ARGUMENT. Trial date was set for about 120 days after I was named as
defendant.
My attorney argued about insufficient time to file motion for Summary
Judgment - again the
judge denied him. I am not getting a fair deal in this court.
The plaintiffs intention is clearly to harrass me and cause me unnecessary
legal cost because
I am the key strategist in the corporation's defense against their lawsuit.
My attorney has not been aggressive. I have asked him for some retialiatory
actions against the
plaintiffs such as malicious persecution but he advised that the judge would
not like this tactic, but
I can see that the judge is prejudiced.
Where is the PPL who can help ? Thanks.
 
 
"Curtis"
2/2/2004 3:31:30 AM


"baffled" <a@b> wrote in message news:401bc79b@news.starhub.net.sg...
I am an officer of a LLC. Some its clients sued the corporation about a
year
of
to
negotiation.
I have an attorney. He argued with the judge about me being mentioned by
name
in the first complaint and that I cannot be named as DOE-1. BUT JUDGE
DENIED
HIS
ARGUMENT. Trial date was set for about 120 days after I was named as
defendant.
My attorney argued about insufficient time to file motion for Summary
Judgment - again the
judge denied him. I am not getting a fair deal in this court.
The plaintiffs intention is clearly to harrass me and cause me unnecessary
legal cost because
I am the key strategist in the corporation's defense against their
lawsuit.
My attorney has not been aggressive. I have asked him for some
retialiatory
actions against the
plaintiffs such as malicious persecution but he advised that the judge
would
not like this tactic, but
I can see that the judge is prejudiced.
Where is the PPL who can help ? Thanks.
Yes, this is the problem when you trust your case, life and well being to an
attorney who doesn't have to answer to anyone. If you don't like the result
they get you, you have no recourse.
You can contact the PPL associate by going to her on-line resource center,
http://www.prepaidlegal.com/info/mruppel.
BTW, I would like it noted that I didn't mention ppl until asked. The one
who mentioned it was Authur Rubin. Of course it was an off topic post.
 
 
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