Legal Opinion
Smith v. Tarter
District Court, E.D. Kentucky
Decided January 22, 2018No. Civil Action No. 5: 17–334–DCRPublishedCited by 9 opinions
1Opinion of the Court
The plaintiffs have not plausibly alleged that they sustained any injury as *740shareholders of the Tarter Corporations that is not indirect or incidental to the Tarter Corporations' expenditure of costs and loss of cost savings. As a result, they lack standing to bring an individual capacity action to redress those injuries. However, the plaintiffs assert that they nonetheless have standing to sue Joshua Tarter in their individual capacities because they are members of the Tarter LLCs, Joshua Tarter is manager of the Tarter LLCs, and "members of an LLC may bring an action both derivatively and…
2Cases cited13 opinions
- Bassett v. National Collegiate Athletic Ass'nCourt of Appeals for the Sixth Circuit · 2008
- Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
- Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991
- Aronson v. LewisSupreme Court of Delaware · 1984
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brunswick TKTKonnect, LLC v. KavanaughDistrict Court, W.D. Kentucky · 2025
- C-Ville Fabricating, Inc. v. Joshua TarterCourt of Appeals for the Sixth Circuit · 2025
- C-Ville Fabricating, Inc. v. TarterDistrict Court, E.D. Kentucky · 2022
- C-Ville Fabricating, Inc. v. TarterDistrict Court, E.D. Kentucky · 2023
- C-Ville Fabricating, Inc. v. TarterDistrict Court, E.D. Kentucky · 2020
4 more not listed; retrieve them via the Exa API.