The decision serves as a reminder that the best way to win an appeal is to win at trial. A party appealing an adverse trial decision faces an uphill battle. It is also a win for LLC decisionmakers. It is clear from the court’s opinion that the evidence fell far short of satisfying the statutory standard that an LLC member or manager is not liable for action or failure to act unless the act or omission “constitutes willful misconduct or recklessness.” In Jarboe v.
