Pellegrin v. Berthelsen (Lawyers Weekly No. 002-011-12, 5 pp.) (David C. Norton, J.) 9:11-cv-00125; D.S.C.
Holding: Even though the parties’ partnership agreement takes away a partner’s “rights” once he withdraws from the partnership, this provision of the agreement does not prohibit plaintiff – a former partner who withdrew from the partnership — from suing his former partners for partnership dissolution/forced buy-out; breach of fiduciary duty; breach of contract; an accounting; an injunction; liquidation of partnership assets; and a declaration that plaintiff is relieved from making contributions to the partnership’s operating deficits.
Defendants’ motion for judgment on the pleadings is denied.