Friday, March 23, 2012

Lawlis v. Kightlinger & Gray case brief

Lawlis v. Kightlinger & Gray (Ind.App.1990)

RULES
Case of partner with alcohol problem.
Partners voted to expel him even though he had not relapsed into alcoholism,
pursuant to the expulsion terms of the partnership agreement.

RULES
-An expulsion, even under the terms of a partnership agreement, is invalid if it is
conducted in bad faith or for a predatory purpose.

HOLDING
There was no bad faith or predatory purpose for the expulsion, therefore it
is valid.

ANALYSIS
o Law firms need expulsion arrangements without cause. Otherwise, you will
definitely end up in court. (might anyway if the expelled partner argues that
the expulsion was not in good faith)
o One way of doing this while protecting

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