Document: PT China LLC v. PT Korea LLC, et al., C.A. No. 4456 – VCN, Noble, V.C. (Del. Ch. Feb. 26, 2010)
In this case involving claims by members and managers of a Delaware limited liability company (the “LLC”), a third-party defendant who was a manager of the LLC claimed the Court lacked personal jurisdiction over him. The Court held that it had personal jurisdiction over the third-party defendant manager pursuant to Section 18-109 of the Delaware Limited Liability Company Act (the “Act”). Section 18-109 of the Act provides for service of process on managers of Delaware LLCs. The Court noted, that if one is served under 18-109, personal jurisdiction must still be consistent with due process, which is satisfied when the action relates to a violation by the manager of fiduciary duty owed to the LLC. The Court found that the allegations against the third party defendant were sufficient to support claims of breach of fiduciary duty. The Court also held that Section 18-109 was the basis, based on the facts alleged, to confer personal jurisdiction on the Court with respect to breach of contract claims.