Kubican v. The Tavern, LLC

Joseph Kubican (plaintiff) was involved in an altercation at Bubba's Bar and Grill, a trade name used by The Tavern, LLC (defendant), and after initially suing Bubba's, learned that James Paugh and Lawson Magnum were Tavern's sole members. Kubican sought leave to amend his complaint to pierce the corporate veil against Paugh and Magnum personally; the trial court certified to the appellate court the question of whether West Virginia's version of the Uniform Limited Liability Company Act shielded LLC members from veil-piercing, with Tavern arguing the Act expressly protected members from personal liability and Kubican arguing no court had read the Act to bar veil-piercing.