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Articles Posted in N.J.S.A. 42:2C-68

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Direct or Derivative Lawsuits: Who Owns the Recovery

When a shareholder, LLC member or partner sues to recover for damages based on wrongs committed against the business entity, the claim is derivative and the recovery belongs to the business.  Derivative claims have special procedural rules. Courts have discretion to allow the owners of closely held businesses to sue…

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