Delaware Code
6 Del. C. § 18-1001 (2026)
Right to bring action
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A member or an assignee of a limited liability company interest may bring an action in the Court of Chancery in the right of a limited liability company to recover a judgment in its favor if managers or members with authority to do so have refused to bring the action or if an effort to cause those managers or members to bring the action is not likely to succeed.
68 Del. Laws, c. 434, § 1; 71 Del. Laws, c. 341, § 16;Notes of Decisions
Cited in 17
cases (6 in the last 5 years), 2016–2026 · leading case: Mantle v. N. Star Energy & Constr. LLC, 437 P.3d 758 (Wyo. 2019).
Mantle v. N. Star Energy & Constr. LLC, 437 P.3d 758 (Wyo. 2019). “The court analyzed Delaware's LLC Act, including 6 Del. C. § 18-1001, which creates a statutory right in "[a] member or an assignee" to bring a derivative action.”
Gavin/Solmonese LLC v. Citadel Energy Partners, LLC. (In re Citadel Watford City Disposal Partners, L.P.), 603 B.R. 897 (Bankr. D. Del. 2019). “Pursuant to 6 Del. C. § 18-1001, entitled "Right to Bring Action": *904 A member or an assignee of a limited liability company interest may bring an action in the Court of Chancery in the right of a limited liability company to recover a judgment in its favor if managers or…”
Clifford Paper, Inc. v. WPP Investors, LLC, No. 2020-0448-JRS (Del. Ch. June 1, 2021). “70 6 Del. C. § 18-1001. 71 Id. 72 Elf Atochem N.”
Jacob Kasher Hindlin v. Lukasz Gottwald, Lawrence J. Spielman & Renee Karalian, No. 2019-0586-JRS (Del. Ch. July 22, 2020). “1 for failure adequately to plead demand futility and 6 Del. C. §§ 18-1001–1003 for lack of standing (the “Motion”).”
Obeid v. Hogan, No. 11900-VCL, 2016 WL 3356851 (Del. Ch. June 10, 2016). “” 6 Del. C. § 18-1001. Section 18- 1003, entitled “Complaint,” similarly provides that the complaint in a derivative action involving an LLC “shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by a manager or member or the…”
Stephen B. Trusa v. Norman Nepo, No. 12071-VCMR, 2017 WL 1379594 (Del. Ch. Apr. 13, 2017). “33 6 Del. C. § 18-1001. 14 (1) At the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a member or an assignee of a limited liability company interest had devolved upon the plaintiff by operation of law or pursuant to the terms of a…”
Aleksander Dietrichson v. Martin G. Knott & NxGenEd, LLC, No. 11965-VCMR, 2017 WL 1400552 (Del. Ch. Apr. 19, 2017). “Because Dietrichson’s claims plead harm to 13 6 Del. C. § 18-1001. 14 Id. § 18-1003. 9 NxGenEd and request relief for NxGenEd, his claims are exclusively derivative, and because he has not pled particularized facts that he made demand and demand was wrongfully refused, or that…”
Thomas McKenna v. David Singer, No. 11371-VCMR, 2017 WL 3500241 (Del. Ch. July 31, 2017). “6 Del. C. § 18-1001. Questions exist as to whether the McKennas and the Singers ever became members or managers of Green Energy Companies and whether any Green Energy Companies operating agreement, if it exists, is enforceable in light of the McKennas’ misrepresentations.”
Menacker v. Overture, L.L.C., No. 2019-0762-JTL, 2020 WL 4463438 (Del. Ch. Aug. 4, 2020). “6 Del. C. § 18-1001. Under the LLC Act, the plaintiff in a derivative action must be “a member or an assignee of a limited liability company interest at the time of bringing the action .”
Betts v. Elutions Capital Ventures S.A.R.L., No. 440, 2022 (Del. Jan. 12, 2023). “1 (providing that in a derivative action the complaint must “allege with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff desires from the directors or comparable authority and the reasons for the plaintiff’s failure to obtain the…”
Richards v. Centripetal Networks, Inc., No. 4:23-cv-00145 (N.D. Cal. May 8, 2024). “See 6 Del. Code § 18-1001. 25 5 Plaintiff also alleges that Centripetal’s “precarious financial position” in early 2017 resulted in a “shifting” of “the beneficiaries of directors’ fiduciary duties [] from the corporation’s stockholders 26 to its creditors,” allowing him to…”
Schiff v. ZM Equity Partners, LLC, No. 1:19-cv-04735, 2020 WL 5077712 (S.D.N.Y. Aug. 27, 2020). “May 31, 2019) (quoting 6 Del. C. § 18-1001). However, because Schiff did not make a demand or plead demand futility in his Amended Complaint, his derivative claims for breach of contract are dismissed.”
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