Sunday, August 14, 2016
IE Test, LLC v. Kenneth Carroll (A-63-14
IE Test, LLC v. Kenneth Carroll (A-63-14; 075842)
A disagreement among LLC members over the terms of an operating agreement does not necessarily compel the expulsion of a dissenting LLC member. If an LLC’s members can manage the LLC without an operating agreement, invoking as necessary the default majority-rule provision of the LLCA, then a conflict among LLC members may not warrant a member’s expulsion under the LLCA. Subsection 3(c) does not warrant a grant of partial summary judgment expelling Carroll from IE Test.