Recent Developments in Diversity Jurisdiction for LLCs and Other Unincorporated Forms

7 Pages Posted: 2 Dec 2015

Date Written: November 30, 2015

Abstract

A prior column addressed some of the basic principles employed in assessing the citizenship, for purposes of diversity jurisdiction, of an LLC. A trio of recent developments justify a return to the topic. First, in LincolnBenefit Life v. AEI Life, LLC, the Third Circuit provided important guidance as to when pleading “on information and belief” will be sufficient to survive a facial challenge. Second, there is the question of the taxonomy of foreign (i.e., non-U.S.) entities as being treated as either incorporated or unincorporated. Third, the ABA has passed a resolution calling upon Congress to amend 28 USC §1332, the statute governing diversity jurisdiction, to extend the treatment now given to corporations to unincorporated entities.

Suggested Citation

Rutledge, Thomas E., Recent Developments in Diversity Jurisdiction for LLCs and Other Unincorporated Forms (November 30, 2015). Journal of Passthrough Entities, November-December 2015, Available at SSRN: https://ssrn.com/abstract=2697285

Thomas E. Rutledge (Contact Author)

Stoll Keenon Ogden PLLC ( email )

2000 PNC Plaza
500 West Jefferson Street
Louisville, KY 40202-2828
United States

HOME PAGE: http://skofirm.com

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