Neb. Rev. Stat. » Chapter 21
Nebraska Revised Statutes

Neb. Rev. Stat. § 21-166 (2026)

Proper plaintiff

✓ current as of July 2026
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(RULLCA 903) (a) Except as otherwise provided in subsection (b) of this section, a derivative action under section 21-165 may be maintained only by a person that is a member at the time the action is commenced and remains a member while the action continues.

(b) If the sole plaintiff in a derivative action dies while the action is pending, the court may permit another member of the limited liability company to be substituted as plaintiff.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2025–2025 · leading case: Kellogg v. Mathiesen, 320 Neb. 223 (Neb. 2025).
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Kellogg v. Mathiesen, 320 Neb. 223 (Neb. 2025). “A “[t]ransferable inter- est means the right, as originally associated with a person’s capacity as a member, to receive distributions from a[n LLC] in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right.”…”
— Neb. Rev. Stat. § 21-166(a) — 1 case
Kellogg v. Mathiesen, 320 Neb. 223 (Neb. 2025). “A “[t]ransferable inter- est means the right, as originally associated with a person’s capacity as a member, to receive distributions from a[n LLC] in accordance with the operating agreement, whether or not the person remains a member or continues to own any part of the right.”…”
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