Former LLC Member Not Liable for Competition Against Former LLC

Touch of Italy Salumeria and Pasticceria, LLC v. Bascio, C.A. No. 8602-VCG (Del. Ch. Jan. 13, 2014).

This Court of Chancery opinion rejected a claim by an LLC against a former member for competing against his former LLC after resigning his membership status. In essence, the court reasoned in this gem of an opinion of wide application, that there was nothing in the language of the parties’ LLC agreement that restricted former members from competing against the LLC. The former member competed against his former LLC in close proximity selling speciality Italian foods

Of interest to some “foodies” may be the court’s definition of what a salumeria and a pasticceria are.