[WSBARP] Litigators Help - Summary Judgment to Dismiss Employee

[Eric Nelsen]

If this case is pure breach of contract, and GM is an employee of the LLC,
then I don't think it's a piercing the veil issue, it's just that GM is a
non-party to the contract. There should be some case law stating
specifically that, where a contract is signed by an individual expressly
as an agent for the corporate entity, the individual is not liable and is
not a party to the contract.

 

In the old law digests it's under "master and servant" but these days I
think it's "agent and principal" or some such. Sorry I don't have a case
cite at my fingertips.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, June 04, 2014 12:21 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators Help - Summary Judgment to Dismiss Employee

 

I am spending a lot of time spinning my wheels for this research.  I
represent the general manager (employee) of an LLC and the LLC.  Opposing
party sues general manager and the LLC for breach of contract.  All
contacts with OP identified individual as general manager of LLC.  Written
contract was with LLC, all invoices were issued by LLC, and OP cut all
checks to LLC.  OP has not pled “piercing the veil”.  I am preparing a
summary judgment action to dismiss the employee as an improper party but
can’t find any cites or law that discuss this.  Any help out there?

 

 

 

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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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