Massachusetts Lawyers Weekly quotes Lou Ciavarra in “SJC: Victim of freeze-out can win equitable remedy”

Lou Ciavarra has been quoted by Massachusetts Lawyers Weekly in, “SJC: Victim of freeze-out can win equitable remedy.” The article discusses a recent Supreme Judicial Court finding that “if the merger of a limited liability company constitutes a breach of fiduciary and contractual duties, a judge can fashion an equitable remedy for a dissenting member other than the statutory right of distribution found in G.L.c. 156C, §60(b).” Ciavarra commented that he “wonders how much remains of the exclusive remedy provision of §60(b), given that breach of fiduciary duty will be claimed ‘in 90 percent of these cases.'” He also posed the valuable question, “Do we really think that’s what the Legislature intended?”

Continue reading on the Massachusetts Lawyers Weekly website.

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