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LLCs must have attorneys in federal court

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Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today. Because a company and its president appealed a District Court's decision without an attorney, the appellate court dismissed the appeal.

In United States of America v. Derrik Hagerman and Wabash Environmental Technologies, LLC, No. 08-2670, Wabash and its president, Derrik Hagerman, appealed the District Court's dismissal of the government's petition for relief after Wabash agreed to start paying restitution and furnish specific financial information. The defendants were convicted of criminal violations of the Clean Water Act and ordered to pay $250,000 in restitution and placed on five years of probation.

The 7th Circuit dismissed Hagerman's appeal because he wasn't a party to the probation-violation proceeding and no order naming him was entered, wrote Judge Richard Posner. Wabash's appeal also must be dismissed because they are proceeding pro se with the appeal, which can't be done in a federal court.

Hagerman claimed, as president and "member" of Wabash, he can represent the company in proceedings. But corporations aren't permitted to litigate in federal court unless represented by an attorney who is licensed to practice in that court, and the same applies to LLCs, wrote the judge. Even though the appellate court hadn't ruled on whether an LLC can litigate only if represented by a lawyer, the same rule applies.

The right to conduct business confers privileges, and one of those is the obligation to hire an attorney if you want to sue or defend on behalf of the company, Judge Posner wrote.

"Pro se litigation is a burden on the judiciary ... and the burden is not to be borne when the litigant has chosen to do business in entity form. He must take the burdens with the benefits," he wrote.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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