North Carolina Business Litigation Report

Gaskin v. The J.S. Proctor Co., LLC, January 2008 (Diaz)(unpublished)

Claims of limited partners against general partner were derivative, not direct.  Limited partners cannot bring an individual action against a general partner in the absence of an injury to the limited partner that is "separate and distinct" to him or that arose from a breach of a "special duty" owed to the limited partner by the general partner.

 Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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