Search Rutgers Law Library N.J. Court Opinions

1 GIORDANO DECANDIA v. ANTHONY T. RINALDI, LLC -- rank: 1000

... breach of the statutory duty of loyalty set forth in N.J.S.A. 42:2C-39. I We derive the following facts from the trial record ... employee loyalty; 2) breach of duty of loyalty, pursuant to N.J.S.A. 42:2C-39; and 3) defamation. The claims against plaintiff's wife were ... 4651-18T4 8 statutory duty of loyalty set forth in N.J.S.A. 42:2C-39; however, the order denied defendants' defamation counterclaim. In the accompanying ... the statutory duty of loyalty owed by LLC members, under N.J.S.A. 42:2C-39; however, the judge found insufficient proof to award damages to ... that plaintiff breached the statutory duty of loyalty, contrary to N.J.S.A. 42:2C-39, in granting defendants' second counterclaim. Specifically, plaintiff asserts the statute ... it applies to members of 'member- managed' limited liability companies. N.J.S.A. 42:2C-39(a). The limited liability operating agreement governing plaintiff’s ...

docket:	a4651-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-05
status:	Unpublished
citation:
Document Size:	32915

2 THOMAS KIELY v. WILLIAM C. ILER -- rank: 996

... LLC's funds on five separate occasions and, based upon N.J.S.A. 42:2C-39, they argued the court should have found Iler breached the ... an LLC owes a fiduciary duty to his co-members. N.J.S.A. 42:2C-39; Silverstein v. Last, 156 N.J. Super. 145, 152 (App ... the member . . . in the conduct . . . of the company's activities . . . .' N.J.S.A. 42:2C-39(b)(1)(a). The trial court's bare findings, treating ... without reference to Iler's statutory obligations, are insufficient. See N.J.S.A. 42:2C-39(i)(1) (limiting the fiduciary duties in a manager-managed ... operating agreement or the person's duties or obligations under [N.J.S.A. 42:2C-39]; or (3) has engaged, or is engaging, in conduct relating ...

docket:	a1363-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:	Unpublished
citation:
Document Size:	50334

3 /usr/local/share/www/libweb/collections/courts/appellate/a4562-18.opn.html -- rank: 969

... its members. Rather, all such obligations were imposed upon John. N.J.S.A. 42:2C-39(i). Plaintiffs also had a shared membership interest with Ben ... is manager-managed do not owe each other fiduciary duties. N.J.S.A. 42:2C-39(i). Only John, who was identified as the managing member ...

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4 JERSEY BASKETBALL ASSOCIATION, LLC v. MITCH ARONSON -- rank: 903

... it wished to depose defendants as to possible violations of N.J.S.A. 42:2C-39(b)(2) and (b)(3). 5 As best we can discern, plaintiff did not specifically 5 N.J.S.A. 42:2C-39(b) provides: the fiduciary duty of loyalty of a member ... plaintiff the opportunity to offer arguments regarding alleged violations of N.J.S.A. 42:2C-39(b) because plaintiff was 'making a new argument' that was ... refusal to permit argument during reconsideration regarding defendants' violations of N.J.S.A. 42:2C-39(b) and to allow 'depositions to be taken with respect ... opposition to defendants' summary judgment motion, or specifically cite to N.J.S.A. 42:2C-39' plaintiff did not waive these claims as it 'fully expected ... authorized depositions about facts relating to both Article X . . . and N.J.S.A. 42:2C-39.' As such, plaintiff argues the court's proper course ...

docket:	a3887-21
court:	NJ Superior Court Appellate Division
decided:	2023-08-23
status:	Unpublished
citation:
Document Size:	43634

5 /usr/local/share/www/libweb/collections/courts/appellate/a4417-19.opn.html -- rank: 814

... company and other members fiduciary duties of loyalty and care. N.J.S.A. 42:2C-39(a). The duty of loyalty includes duties 'to account to ... company; and to refrain from competing with the company.' 3 N.J.S.A. 42:2C:39(b). The duty of care in a member-managed LLC ... reckless conduct, intentional misconduct, or a knowing violation of law.' N.J.S.A. 42:2C-39(c). And although an LLC's operating agreement may alter ...

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Document Size:	21916

6 JEANNE QIN LAMME v. CLIENT INSTANT ACCESS LLC -- rank: 791

... the company's activities before the dissolution of the company.' N.J.S.A. 42:2C-39(b)(3). Members are also required 'to account to the ... s property' or 'from the appropriation of a company opportunity.' N.J.S.A. 42:2C-39(b)(1)(b)- A-2689-20 6 (c). An operating ... its property in violation of subsections (b) and (c) of N.J.S.A. 42:2C-39(b)(1). The first part of Jeanne's argument is ...

docket:	a2689-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-29
status:	Unpublished
citation:
Document Size:	26485

7 SKS HOLDINGS LLC, v. BENNETT KAPLAN -- rank: 656

... the parties or the court, under both New Jersey law, N.J.S.A. 42:2C-39(i)(2), and Delaware law, Feeley v. NHAOCG, LLC, 62 ...

docket:	a4606-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-05
status:	Unpublished
citation:
Document Size:	66371