Corporate – LLC – Independent & Derivative Claims – Tort/Negligence – Breach of Duties

Corporate – LLC – Independent & Derivative Claims – Tort/Negligence – Breach of Duties (access required)

Scott v. Lackey Plaintiff’s claims for breach of the parties’ operating agreement, breach of the implied covenant of good faith and fair dealing, breach of fiduciary duty, fraud, constructive fraud, fraudulent concealment, conversion and unjust enrichment allegedly arose from the defendant-managers’ transfer of funds from the defendant-limited liability company to the defendant-managers’ new venture, KYCK.com, through an intermediary in violation of the LLC’s operating agreement. The nature of the wrong alleged is a misuse of company funds that directly injured the LLC and only indirectly injured plaintiff as a percentage owner and member-manager.

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