Tag Archives: Limited Liability Corporation

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”

Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction

Previously, this blog reported on a complex 28 U.S.C. §1332(a)(2) issue of whether a Chinese enterprise was properly held to be a partnership, corporation, or foreign state for diversity purposes (see January 31, 2023 post) decided by the Seventh Circuit.  This Seventh Circuit case, Sunny Handicraft (H.K.) Ltd. v. Envision This! LLC, No. 21-1579 (7thContinue reading “Seventh Circuit Once Again Tangles with Whether a Chinese-Based Company Is a Corporation or a Limited Liability Company for Purposes of Alien-Citizen Diversity Jurisdiction”

Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes

In Yancheng Shanda Yuanfeng Equity Investment Partner v. Wan, No. 22-1199 (7th Cir. Jan. 31, 2023), the Seventh Circuit hits a jurisdictional snag with how to determine the citizenship of a “hybrid” entity with characteristics of a partnership, a corporation, and a foreign state, each of which commands different treatment under the diversity jurisdiction statute,Continue reading “Seventh Circuit Maneuvers a Jurisdictional Puzzle Box About Whether a Chinese Defendant May Be a Partnership, Corporation, or Foreign State for Diversity Purposes”

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”