Client Alert

While the common law has long held that an individual is liable for those tortious acts he or she personally commits, the Illinois Appellate Court’s decision in Dass v. Yale, 2013 IL App. (1st) 122520, appears to insulate limited liability company members from liability for torts personally committed while acting within their role for the LLC, unless the articles of the organization contain a contrary provision and the member has consented in writing to adoption of the provision or to be bound to the provision. In light of the ruling in Dass, entities doing business with LLCs in Illinois may be well advised to require the inclusion of such provisions. A petition for leave to appeal to the Illinois Supreme Court was recently denied, so, for the time being, this appears to be the law of Illinois.

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