Boilerplate in LLC operating agreements is risky business

Iowa Commercial Litigation Dickinson Law Firm Des Moines, Iowa

Posted on 07/07/2011 at 01:16 PM by The Newsroom

Risk Management Services, L.L.C. v. Moss, 40 So.3d 176 (La. App. 2010) provides an interesting lesson on the importance of covering all elements of an LLC's existence within the operating agreement, including the expulsion or termination of a fellow member.  If the operating agreement doesn’t spell it out, there’s no telling how a court will rule! The April 2010 case was an appeal from an action for declaratory judgment and damages against Moss, a member who was expelled from the LLC.  On November 23, 2004, a Petition for Declaratory Judgment and Damages for Breach was filed by Risk Management Services, L.L.C., (“RMS”), Jean L. Robert and Dominick A. Vaccaro, Jr. against Robert W. Moss, III, a former member and manager of RMS, alleging breach of an operating agreement signed by Moss.  

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Categories: Commercial Litigation

 

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