SCA-Blue Ridge, LLC v. WakeMed (Lawyers Weekly No. 14-15-0713, 10 pp.) (John Jolly Jr., Ch. J.) 2014 NCBC 31 Holding: Since plaintiffs have also filed an administrative action, which is pending before the Court of Appeals, this court lacks subject ...

Tagged with: operating agreement

Nelson v. Alliance Hospitality Management, LLC Since neither the Georgia Limited Liability Company Act nor the defendant-LLC’s operating agreement required that a member have an ownership interest in the LLC, the operating agreement’s anti-dilution provision was not necessarily implicated by plaintiff’s admission as a member of the LLC. Therefore, the majority member’s consent to plaintiff’s admission was all that was required to make plaintiff a member of the LLC.

Tagged with: operating agreement

HCW Retirement & Fnancial Services, LLC v. HCW Employee Benefit Services, LLC Several key claims in a thorny dispute were covered by an arbitration clause, contrary to the trial court’s ruling. However, the defendants waived their right to arbitration by deposing plaintiff at length and in detail about the claims in dispute in advance of arbitration.

Tagged with: Arbitration Contract Deposition operating agreement

The N.C. Court of Appeals issued a cautionary tale for lawyers last week in an opinion involving a Fayetteville law firm that formed a PLLC but didn't bother to file an operating agreement. The resulting breakup wasn't pretty.

Tagged with: law firms N.C. Court of Appeals operating agreement Revenue