United States v. Noyola-Bernal

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that just as a shareholder has no personal or individual right of action against a third party for acts causing interest to a corporation, a member (or the member’s trustee) does not have a property interest in the limited liability company’s property
• explaining that just as a shareholder has no personal or individual right of action against a third party for acts causing interest to a corporation, a member (or the member’s trustee) does not have a property interest in the limited liability company’s property
• finding under § 18-701 that the chapter 7 trustee lacked standing to bring a cause of action for conversion of the LLC's property because the sole member of the LLC had no interest in the LLC's property
• “A limited liability company interest is personal property. A member has no interest in specific limited liability company property.” (quoting 6 Del. C. § 18-701)
• “[A] hyper- technical interpretation of the rules resulting in disallowance of the Defendants’ [successive] 12(b)(6) motion…would almost assuredly add time and delay because the Defendants will most likely raise the arguments later.”
• “an exculpatory clause is considered an affirmative defense.”

Source: CourtListener parenthetical corpus (CC0).