2009 Caiola Family Trust v. PWA, LLC, C.A. No. 8028-VCP (Del. Ch. Dec. 18, 2014).

This Delaware Court of Chancery opinion involves litigation over the management of a Delaware limited liability company formed to operate a residential apartment complex.  The plaintiffs are non-managing members of the company that owns 90% of membership interests and the defendant is a Kansas LLC which owns 10% of membership interests and is also the managing member of the company, as well an individual who is a managing member of the Kansas LLC.  The plaintiffs accuse the defendants of various breaches of the operating agreement of the company, as well as their fiduciary duties.  The relief requested is the removal of the Kansas LLC from its position as a managing member.  This decision is based on a motion to dismiss pursuant to Rule 12(b)(6) or in the alternative, on grounds of forum non conveniens.  The motion to dismiss was denied except as it related to a claim for waste made by the plaintiffs.

The rest of this 31-page opinion is rather unremarkable except perhaps for the discussion of personal jurisdiction under the long-arm statute, 10 Del. C. § 3104.  See prior Chancery decision in this case dated April 30, 2014.