Pharmalytica Services LLC v. Agno Pharmaceuticals LLC, 2008 WL 2721742 (Del. Ch., July 9, 2008). This Chancery Court opinion granted a motion for preliminary injunction regarding a dispute over governance of an LLC. The court treated this dispute over who was entitled to be a manager of the LLC pursuant to Section 18-110 of the Delaware LLC Act (Title 16), as being analogous to Section 225 of the Delaware General Corporation Law which provides for a summary proceeding to determine issues over who rightfully is entitled to maintain a management office.
The court made a note of emphasizing that neither DGCL Section 225 nor Section 18-110 of the Delaware LLC Act require that the normal elements of a preliminary injunction need to be satisfied. Rather, the statutory nature of the summary proceeding is designed to supersede the normal elements of a preliminary injunction on the particular issue of who rightly holds a management office in an LLC or a corporation.