News & Analysis as of

Subject Matter Jurisdiction Citizenship

Husch Blackwell LLP

Establishing General Personal Jurisdiction for an LLC

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To exercise valid jurisdiction over any claim, a federal court must have both personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction can be based on diversity of citizenship, the presence of a...more

Cozen O'Connor

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s

Cozen O'Connor on

In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more

Butler Weihmuller Katz Craig LLP

Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court

The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more

Holland & Knight LLP

Need to Foreclose on a Mortgage? Where Can You Bring Your Action?

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In response to the COVID-19 pandemic, many states enacted, by executive order or otherwise, rules that have created both legal and procedural hurdles to a lender's ability to exercise its contractual rights, including the...more

Law School Toolbox

Law School Toolbox Podcast Episode 263: Listen and Learn -- Subject Matter Jurisdiction

Law School Toolbox on

Welcome back to the Law School Toolbox podcast! This is another episode in our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're focusing on subject matter jurisdiction...more

Butler Snow LLP

An Update on Snap Removal

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A defendant can utilize 28 U.S.C. § 1441 to remove a state court case to federal court where complete diversity of citizenship exists. But the statute includes restrictions that limit a defendant’s ability to remove a case to...more

Jackson Walker

When Filing Suit in Federal Court, Don’t Forget the Key to the Courtroom Door

Jackson Walker on

Formalism matters in federal court. One cannot obtain access to the courtroom without presenting the jurisdictional key to the courtroom door. A fundamental principle of subject matter jurisdiction is that parties asserting...more

Husch Blackwell LLP

Personal Jurisdiction And LLCs – Does Citizenship Matter?

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When deciding whether to remove a case when an LLC is a party it is necessary to look at the citizenship of the LLC’s members to determine whether there is diversity for subject matter jurisdiction. However, citizenship of...more

Womble Bond Dickinson

The Case for a Unified Approach to Corporate and LLC Citizenship

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Imagine opening your email one morning to find a copy of a complaint and summons just received by your out-of-state corporate client. The caption shows a familiar North Carolina company as the lone plaintiff, and a cursory...more

Bradley Arant Boult Cummings LLP

Leaving Real Estate Investment Trusts in the Cold: How the Americold Case Could Preclude Establishing Diversity Jurisdiction in...

The Supreme Court’s most recent citizenship opinion, Americold Realty Trust v. Conagra Foods, Inc., could make removing or keeping a case in federal court based on diversity more difficult for a statutory trust with a...more

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