Florida/Georgia Personal Injury & Workers Compensation

...The Florida Revised Limited Liability Company Act provides that "a member maintaining a direct action under this section must plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company." Fla. Stat. § 605.0801 ....

...and in its place, effective January 1, 2015, was Florida’s Revised Limited Liability Company Act (Chapter 605). 21  This provisions of the Revised LLC Act apply to the instant case. Specifically, section 605.0801, Florida Statutes (2016), titled “Direct action by member,” provides: (1) Subject to subsection (2), a member may maintain a direct action against another member, a manager, or the limited liability co...

... (j) Vary the requirement to wind up the company's business, activities, and affairs as specified in s. 605.0709(1), (2)(a), and (5). (k) Unreasonably restrict the right of a member to maintain an action under ss. 605.0801-605.0806. (Emphasis added). Under section 605.0105(2), the statute governs only where the operating agreement does not otherwise provide for that matter and, under subsection (3)(a), although an operating agreement m...

...Similarly, under the statute governing limited liability companies, a member maintaining a direct action “must plead and prove an actual or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by the limited liability company.” § 605.0801(2), Fla....