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Oregon Supreme Court: LLCs, Workers Comp, and Tort Claims: Cortez v. Nacco (2014)

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Antonio Cortez v. Nacco Material Handling Group, Inc.et al (TC 0503-02632) (CA A144045) (SC S060604)

“On review from the Court of Appeals in an appeal from the Multnomah County Circuit Court, Michael H. Marcus, Judge. 248 Or App 435, 274 P3d 202 (2012). The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed in part and reversed in part, and the case is remanded to the circuit court for further proceedings. Opinion of the Court by Justice Rives Kistler.

Today, the Oregon Supreme Court concluded that neither the limited liability provision in the statutes governing limited liability companies (LCCs) nor the exclusive-remedy clause in the workers’ compensation statutes barred plaintiff’s claims for negligence and violations of the Employer Liability Law (ELL) against the member-manager of the LLC where he worked. The Court also ruled that, although plaintiff had not presented sufficient evidence to show that the member-manager could be held liable for negligence, he had presented enough evidence from which a reasonable juror could find that the member-manager was liable under the ELL….” [Link to full case and Oregon Supreme Court 2014 opinions.]