Kubican v. The Tavern, LLC (Signed Opinion)Annotate this Case
After an altercation that took place at Bubba's Bar and Grill (Bubba's), Petitioner filed a complaint against Bubba's, asserting three negligence claims. Petitioner subsequently learned that Bubba's was a fictitious name used for business purposes by The Tavern, LLC and that James Paugh and Lawson Mangum were the only members of The Tavern. Petitioner sought leave to amend his complaint to utilize the proper company name, add Paugh and Mangum as defendants, and assert a veil piercing count against Paugh and Mangum. The Tavern argued in response that the sole purpose for adding Paugh and Mangum as defendants was to pierce the veil of their West Virginia limited liability company, which The Tavern claimed was against West Virginia law. Instead of ruling on Petitioner's motion, the circuit court certified a question to the Supreme Court regarding West Virginia's version of the Uniform Limited Liability Company Act (the Act). The Court answered the certified question in the negative, holding that the Act permits the equitable remedy of piercing the veil to be asserted against a West Virginia limited liability company.