DeMoura|Smith Appellate Victory Selected As One

Of 2014's Most Important Decisions

By Massachusetts Lawyers Weekly

Boston, MA – January 5, 2015.

A favorable decision obtained by DeMoura|Smith for one of its clients has been selected as one of the most important decisions for 2014 by Massachusetts Lawyers Weekly in its January 5, 2015 issue. In Keane v Waggoner, the Massachusetts Appellate Division reversed a judgment in favor of a limited liability company because its members failed to disclose that they were acting on behalf of the LLC rather than as individuals doing business under a trade name. The decision, according to Ken DeMoura, "reinforces the rule that individuals who act in a corporate or representative capacity must take affirmative steps to disclose their representative capacity or risk being held personally liable." The court recognized that the onus is on the individual defendants to be clear about the corporate capacity of the entity and their role as representatives of a corporate entity when entering a contract.

The decision reversed a jury verdict in favor of the LLC for over $60,000. DeMoura|Smith was retained by the Keanes after the trial to handle the post-trial motions and appeal. A copy of the full opinion is available here .