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They can legally sue the LLC but the LLC can be dismissed out of the case via a Motion for Summary Judgment or a Motion to Dismiss.
Sometimes LLCs retroactively approve an action, etc. which means they are on the hook for it so the attorney will almost always sue an LLC that is involved in a situation or that they believed might have been involved in a situation.
When you file your Motion for Summary Judgment the attorney will likely respond with an explanation and evidence as to why they believe it was a proper party.
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