In Rizzo v. Joseph Rizzo and Sons Construction Co., Inc., 2007 WL 1114079 (Del. Ch., April 10, 2007), read opinion here, the Chancery Court addressed a Motion to Dismiss under Chancery Court Rule 12(b)(1) for lack of subject matter jurisdiction. The specific issue in the motion dealt with whether the court had equitable jurisdiction over a claim for ejectment. Although the court found that the "clean-up doctrine" would apply, the decision relied on a separate basis for equitable jurisdiction.
Namely, Section 18-1001 of the Delaware Limited Liability Company Act, 6 Del. C. Section 18-1001, specifically allows a member of an LLC to bring a derivative action on behalf of an LLC in Chancery Court. Just as derivative claims on behalf of a corporation for money damages are clearly based on historical equitable jurisdiction, so too, Chancery Court has jurisdiction over a derivative claim involving an LLC even if the remedy sought is a legal one, such as ejectment, as opposed to an equitable remedy. Moreover, the court observed that ejectment in this case was sought based on an alleged breach of fiduciary duty (unfair dealing) by the managers and members controlling the LLC, which of course is an traditionally equitable claim for which the court has broad flexibility in fashioning a remedy. (The court commented in a final footnote, without deciding, about how this reasoning would apply to the statute that gives the Justice of the Peace Court apparently exclusive jurisdiction over summary possession actions for commercial leases. See 25 Del. C. 5701.)