McAdams, LLC v. Cintorino
Annotate this CaseMcAdams, LLC sought to hold Peter Cintorino and Tim and Kimberly Resler liable on their personal guarantees of a promissory note made by Fawnwood, LLC, in favor of JBM, LLC. The district court granted summary judgment in favor of Cintorino and the Reslers holding that McAdams, LLC was prohibited from filing a collection action in Idaho because its assignor, JBM Company, LLC, was prohibited from filing suit in Idaho under either Idaho’s Assumed Business Name Act (“IABNA”) or Idaho’s Uniform Limited Liability Company Act (“IULLCA”). JBM, LLC, McAdams, and McAdams, LLC collectively appealed the district court’s dismissal of the claims against Cintorino. The McAdams group’s opening brief focused exclusively on whether the district court erred in concluding that McAdams, LLC was prohibited from filing suit in Idaho. Therefore, the Supreme Court limited its analysis to that issue, and reversed: McAdams, LLC was entitled to pursue its claim against Cintorino to enforce the promissory note and his personal guarantee of the same.
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