The Fourth Circuit doesn't get into matters of LLC law
very often, but it did last week in Painter's
Mill Grille, LLC v. Brown [an enhanced version of this opinion is available to lexis.com
subscribers]. The LLC and its members were suing their landlord for
discriminating against them on the basis of race.
The LLC was operating a restaurant which served an
African-American clientele. The Plaintiffs said that the Defendants became
hostile to them as a result and referred to their business in a racially
disparaging way and interfered with their sale of the business.
One of the comments by the Defendants, when the
Plaintiffs attempted to sell their business, was whether they were going to
open another "chicken and waffle shack."
Let me say that I love [fried] chicken and waffles for
breakfast. If you haven't tried that dish, Dame's
Chicken & Waffles, in Greensboro's Southside neighborhood, is
outstanding. If you don't get the racial animus alleged to be behind
that term, the dish is said
to have originated with African-American southerners.
But could the LLC members, who alleged that they suffered
"personal out-of-pocket losses" as a result of the Defendants'
discriminatory conduct, state a claim against them?
Read this article in
its entirety on North
Carolina Business Litigation Report, a blog for lawyers focusing on issues
of North Carolina business law and the day-to-day practice of business
litigation in North Carolina courts.
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