Author: Jonathan Shallow

Delaware Court of Chancery Dispenses with Multiple Motions and Claims as Business Partners Take a “Kitchen Sink” Approach to Ascribing Blame and Seeking Recourse in Business Endeavor

By Scott Waxman and Jonathan Shallow

Stone & Paper Investors, LLC, et al., v. Richard Blanch et al., C.A. No. 2018-0394-PAF (Del. Ch. June 29, 2020) involved a barrage of claims and counterclaims among LLC members and managers, including, misappropriation of company funds, breach of LLC agreement, fraud, conversion, unjust enrichment, and aiding and abetting breaches of fiduciary duty. The Court of Chancery resolved a motion to dismiss the counterclaims and third-party claims and, in doing so, provided further guidance on findings of lack of personal jurisdiction, claims for fraudulent inducement and fraud, claims for conversion and aiding and abetting breaches of fiduciary duty.

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