South Carolina Lawyers Weekly

Even though the parties have not strictly adhered to the terms of their written 1979 partnership agreement, this does not support the master-in-equity’s finding that no partnership existed. We affirm the master’s holding that plaintiff and defendant Fanning (defendant) each ...

Tagged with: Contract

Global State Investment USA, Inc. v. LAS Properties, LLC (Lawyers Weekly No. 002-081-15, 19 pp.) (David Norton, J.) 2:14-cv-04494; D.S.C. Holding: A limited partner has standing under the Texas Uniform Fraudulent Transfer Act based on its allegations that it was ...

Tagged with: Texas

Valentine v. Sugar Rock Inc. (Lawyers Weekly No. 001-066-15, 6 pp.) (King, J.) No. 12-2273, April 2, 2015; USDC at Clarksburg, W.Va. (Keeley, J.) 4th Cir. Holding: The 4th Circuit vacates summary judgment for a plaintiff pursuing an accounting of ...

Tagged with: statute of frauds

Lee Graham Shopping Center LLC v. Estate of Diane Z. Kirsch (Lawyers Weekly No. 001-027-15, 14 pp.) (Shedd, J.) No. 13-2348, Feb. 2, 2015; USDC at Alexandria, Va. (O’Grady, J.) 4th Cir. Holding: A woman could not transfer her interest ...

Pellegrin v. Berthelsen 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.

Tagged with: Agreement Withdrawal

Dissolution - Separation Agreement - Later- Filed Claims - Liability

Dissolution - Breach of Fiduciary Duty - Management of Assets

General Partnership - Contribution - Partnership Debt