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https://info.legalzoom.com/happens-breach-llc-operating-agreement-3329.html
Breach of Contract. An operating agreement is a contract. Therefore, individuals who breach an operating agreement can be prosecuted for breach of contract and may be subject to the penalties specified by the state if found guilty.
https://www.thebusinessdivorcelawyer.com/how-to-expel-an-llc-member/
Aug 12, 2018 · Breach of contract. The individual has “willfully and persistently” or is willfully and persistently committing, a material breach of the operating agreement or their duties or obligations as a manager or member of the LLC; Not reasonably practicable. The individual has engaged, or is engaging, in conduct relating to the company’s activities which makes it not reasonably practicable to carry on …
https://www.uscourts.gov/forms/pro-se-forms/complaint-civil-case-alleging-breach-contract
Complaint for a Civil Case Alleging Breach of Contract; Attorney Forms; Bankruptcy Forms; Superseded Bankruptcy Forms; Civil Forms; Criminal Forms; Court Reporter Forms; CJA Forms; Human Resources Forms; Jury Forms; Other Forms
https://www.keionline.org/sites/default/files/BMGF%20v%20Teachscape.pdf
COMPLAINT FOR BREACH OF CONTRACT AND CONVERSION JURY TRIAL DEMANDED Plaintiff, Bill & Melinda Gates Foundation (the “Gates Foundation”), alleges as follows: INTRODUCTION 1. This is an action for breach of contract and conversion, arising under the laws of the state of Washington. As set forth below, Defendant Teachscape, Inc. has breached
https://pozzuolo.com/2016/04/manager-llc-not-breach-llc-operating-agreement/
Apr 20, 2016 · The court further ruled that the plaintiff failed to establish her claim for breach of fiduciary duty. The court noted that the LLC operating agreement limited the liability of members to one another except for fraud, deceit, gross negligence or willful misconduct,...
http://kinseylaw.com/attyserv/civil/complaints/breachcontract.html
agreement ("the agreement") is attached to this complaint as Exhibit __ and is incorporated by this reference. The agreement includes a provision for recovery of attorney fees by the prevailing party in the event an action is brought under the agreement. 7. Prior to plaintiff's execution of the agreement…
https://www.lawyers.com/legal-info/business-law/small-business-law/breach-of-partnership-agreements-and-expulsion.html
breaching the partnership agreement or otherwise failing to carry out the partner’s obligations under the agreement being charged with, or convicted of, a crime professional misconduct, or
https://www.baylor.edu/law/facultystaff/doc.php/242039.pdf
agreement, which was an agreement among Chou and the Chiltons, and their agreement specifically allowed members to sue other members for fraud, gross negligence, or an intentional breach of the agreement.
http://supportpeterbeagle.com/wordpress2/wp-content/uploads/2016/01/Sandbox-Complaint-for-Damages.pdf
This is a civil action for conversion, breach of agreement, breach of fiducia duties, and fraud arising out of Defendants' unlawful misappropriation and converSIOn 0 Plaintiffs' funds, all in direct contravention of the parties' written agreement. THE PARTIES 2. Plaintiff Sandbox is …
https://www.muddlawoffices.com/cases/phillips/Final%20Phillips%20Complaint.pdf
agreement. 44. Believing that their continued presence in the United States depended upon the possession of a signed and current agreement with Atlas Galleries, Mr. and Mrs. Phillips signed the new agreement in 1990 (“1990 Agreement”) without the advice of an attorney. The 1990 Agreement 45.
https://wagensellerlaw.com/breach-of-contract/
The breach may be of a lease, a purchase and sale agreement, a consulting services contract or a simple order for goods or services. The Breach of Contract Attorneys at Wagenseller Law Firm have extensive experience with all types of lawsuits centered around contracts. Not all litigation attorneys are experienced in contract litigation.
https://www.glennfeldmann.com/member-of-a-llc-may-not-pursue-individual-claims-against-fellow-members-or-managers-of-the-llc-for-breach-of-fiduciary-duty/
Jan 24, 2017 · Remora appealed the trial court’s rulings that a manager of aLLC owes no fiduciary duties to individual members; that a member has no direct right of action against a member of a manager for breach of such duties; and that a member may only pursue a derivative action on behalf of the LLC.
https://www.jameseducationcenter.com/articles/breach-of-contract-failure-to-perform/
A breach prior to or at the outset of performance may justify rescission when the same breach late in performance would not be significant. When the failure to perform is at the outset, it is helpful to consider whether it would be more just to free the injured party or to require him to perform his promise, in both cases giving the injured ...
http://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1233&context=facsch
Direct Versus Derivative and the Law of Limited Liability Companies Abstract The hybrid nature of limited liability companies causes us to re-invent, or at least re-examine, many doctrinal wheels. This Article will reexamine one of the most practical of those wheels-the distinction between direct
https://www.floridabar.org/the-florida-bar-journal/involuntary-expulsion-of-troublesome-members-under-floridas-revised-llc-act/
Jan 01, 2017 · Far too often, limited liability company (LLC) members fail to consider the all-too-real risks of future deadlock or dissension, and thus fail to craft an operating agreement providing for a reasonable and equitable mechanism for removing an unruly member. Fortunately, Florida’s Revised Limited Liability Company Act (revised act)1 contains several new provisions to facilitate the...
https://www.l4sb.com/blog/when-business-partners-declare-war/
Nov 12, 2015 · What you complaint needs to allege, aside from fraud, is breach of contract (the Operating Agreement), breach of a fiduciary duty to the company, negligent misrepresentation, misrepresentation, breach of duty of loyalty to the company, possibly a derivative action, and other causes of actions as appropriate.
https://courts.delaware.gov/Opinions/Download.aspx?id=255650
Complaint (hereinafter, the “Operating Agreement”). 2 The Court may consider documents outside the pleadings if “(1) the document is integral to a plaintiff’s claim and incorporated in the complaint or (2) the document is not being relied upon to prove the truth of its contents.”
https://www.morrisjames.com/newsroom-articles-962.html
The court noted, however, that how the manager’s contractual duty of “good faith and ordinary care” worked together with an exculpatory provision in the operating agreement, barring monetary damages against the manager regardless of any breach of his contractual duties, was unclear.
https://www.nybusinessdivorce.com/2016/11/articles/freeze-out-merger/court-finds-no-breach-operating-agreement-no-basis-enjoin-llc-freeze-merger/
Nov 21, 2016 · The LLC freeze-out merger has been referred to by one scholar as "hidden statutory expulsion." In a decision last month featured in this week's New York Business Divorce, Manhattan Commercial Division Justice Charles Ramos refused to enjoin a freeze-out merger challenged by minority members of an LLC who claimed that it violated the LLC's operating agreement.
https://www.nybusinessdivorce.com/2020/01/articles/llcs/a-case-of-llc-withdrawal-symptoms/
Jan 27, 2020 · The complaint specifically alleges defendants’ breaches of a number of provisions in the LLC’s operating agreement restricting a member’s right to withdraw and receive the value of its membership interest. They are:
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