Jensen v. Thompson

3 Citing cases

  1. Mart v. Tactile Sys. Tech.

    595 F. Supp. 3d 788 (D. Minn. 2022)   Cited 3 times

    But it does not allege facts suggesting that the outside directors, "or even the Audit [and Compliance] Committee[s] more generally, had the ability to control day-to-day operations" of Tactile. Jensen v. Thompson , No. 17-CV-4014-LLP, 2018 WL 1440329, at *17 (D.S.D. Mar. 22, 2018). Because these allegations do not sufficiently allege that the outside directors were control persons, Count III does not state a Section 20(a) claim against Burke, Nigon, or Roche.

  2. ADJ 26, LLC v. Gigi

    21-CV-62104-DIMITROULEAS/STRAUSS (S.D. Fla. Jan. 11, 2022)   Cited 1 times

    While serving as managers of Fume, Gigi and Zroya owed a fiduciary duty to Fume. See Jensen v. Thompson, No. 17-CV-4014-LLP, 2018 WL 1440329, at *22 (D.S.D. Mar. 22, 2018) (“Under South Carolina law, a manager of a manager-managed LLC owes statutory duties of care, loyalty, and good faith and fair dealing not only to the company, but also to the company's other members.” (citing S.C. Code Ann. § 33-44-409)); Brandon Mill, LLC v. Fed. Deposit Ins. Corp., No. CV 18-2308 (RMC), 2019 WL 3458688, at *7 (D.D.C. July 31, 2019),

  3. Schafer v. Crosby

    Case No.: 2:16-cv-01637-SGC (N.D. Ala. Nov. 5, 2018)

    South Caroling law "allows a member of an LLC to maintain an action against the company or another member or manager for legal or equitable relief to enforce that member's rights under the operating agreement and under South Carolina law." Jensen v. Thompson, No. 17-4014, 2018 WL 1440329, at *22 (D.S.D. Mar. 22, 2018). The statutory duty to provide fellow members with an accounting is explicitly incorporated in the LLC's Operating Agreement here.