Former VP off the hook for LLC duty

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 21, 2018 12:39 PM

Relying on the common-law doctrine that a corporate officer owes a fiduciary duty to his employer, 800 S. Wells Commercial LLC sued its former vice president, John Cadden, for allegedly diverting a valuable business opportunity and transferring a company asset for no consideration, but the Illinois Appellate Court affirmed summary judgment for Cadden — because (1) the business was a manager-managed limited liability company and (2) Cadden merely followed instructions from the managing member, Nicholas Gouletas, for …

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