Tag Archives: 28 U.S.C. § 1332(c)(1)

Seventh Circuit Becomes the First to Hold That an EU “Societas Europaea” (SE) Is a “Corporation” for Diversity Jurisdiction Purposes

In Starstone Ins SE v City of Chicago, No. 23-2712 (7th Cir. Apr. 2, 2025), the Seventh Circuit holds that the plaintiff – a “Societas Europaea” (SE) organized under the rules of the European Union – is a citizen of a foreign state under the federal diversity statute, 28 U.S.C. § 1332(c)(1). Under section 1332(a)(2),Continue reading “Seventh Circuit Becomes the First to Hold That an EU “Societas Europaea” (SE) Is a “Corporation” for Diversity Jurisdiction Purposes”

Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit

In SXSW, LLC v. Federal Insurance Co., No. 22-50933 (5th Cir. Oct. 5, 2023), the Fifth Circuit exercises its authority to remand an appeal to the district court to sort out factually whether there was diversity at the time the complaint was filed. Plaintiff “SXSW planned to hold its annual ‘South by Southwest’ festival inContinue reading “Lack of Evidence About the Citizenship of a Limited Liability Company at the Time of the Filing of the Complaint Requires Remand, Holds Fifth Circuit”

Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit

In Qin v. Deslongchamps, No. 21-1873 (7th Cir. Apr. 14, 2022), the Seventh Circuit affirms the denial of a petition to take a Fed. R. Civ. P. 27 deposition of a member of a limited liability corporation (LLC) to ascertain their citizenship before filing a diversity suit in federal court. For federal diversity purposes, LLCsContinue reading “Fed. R. Civ. P. 27 Pre-Filing Deposition Is Not a Vehicle for Jurisdictional Discovery, Holds Seventh Circuit”

A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit

Acknowledging a circuit split, the Fourth Circuit holds in Navy Federal Credit Union v. LTD Financial Services, LP, No. 19-1341 (4th Cir. Aug. 20, 2020), that for diversity of purposes, a federally-chartered corporation is deemed a “citizen” where it maintains its principal place of business under 28 U.S.C. § 1332(c)(1). The decision creates a split inContinue reading “A Federally-Chartered Corporation Is a Citizen of Where It Has Its Principal Place of Business, Holds Fourth Circuit”