Summary
The Louisiana Second Circuit Court of Appeal held that an LLC is legally distinct from its individual member and that a settlement with Rojas Painting, LLC did not bar Raymond Crowley’s reserved claims against Cesar Rojas individually or under the trade name Rojas Paint. The court reversed the workers’ compensation judge’s grant of the exception of res judicata and remanded for further proceedings.
Holdings
- Rojas Painting, LLC and Rojas individually are separate and distinct parties; an LLC is a juridical person separate from its members, absent an applicable exception such as piercing the corporate veil.
- The settlement with Rojas Painting, LLC and its insurer did not bar Crowley's claims against Rojas individually and Caesar Rojas d/b/a Rojas Paint because those claims were expressly reserved and involved a different party.
Questions Presented
- Whether Rojas Painting, LLC and Cesar Rojas individually were the same parties for purposes of res judicata.
- Whether Crowley's settlement with Rojas Painting, LLC and its insurer barred his expressly reserved claims against Rojas individually and Caesar Rojas d/b/a Rojas Paint.
Disposition
reversed_and_remanded
Cases Cited (6)
- Crowley v. Rojas, 55,616 (La. App. 2 Cir. 5/22/24), 386 So. 3d 1243, writ denied, 24-00792 (La. 10/15/24), 394 So. 3d 822(followed)
- Burguieres v. Pollingue, 02-1385 (La. 2/25/03), 843 So. 2d 1049(followed)
- Ogea v. Merritt, 13-1085 (La. 12/10/13), 130 So. 3d 888(followed)
- Eddens v. Exceptional Client Care, LLC, 48,747 (La. App. 2 Cir. 2/26/14), 135 So. 3d 784(followed)
- B.A. Kelly Land Co., LLC v. Aethon United BR LP, 54,115 (La. App. 2 Cir. 9/22/21), 327 So. 3d 1071, writ denied, 21-01828 (La. 2/8/22), 332 So. 3d 671(followed)
- Holmes v. Lee, 35,021 (La. App. 2 Cir. 9/28/01), 795 So. 2d 1232(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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