Lincoln Benefit Life Co. v. AEI Life, LLC
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
FUENTES, Circuit Judge.
A plaintiff who files suit in federal court may face significant difficulties when jurisdiction is premised on diversity and the defendant is an unincorporated association such as a partnership or limited liability company (“LLC”). The members of the association determine its citizenship, but these members may be unknown to the plaintiff even after a diligent pre-filing investigation. The plaintiff may tentatively assert that complete diversity exists, but whether this assertion survives a motion to dismiss depends entirely on the pleading standard…
Also in this document: Concurrence.
2Cases cited41 opinions
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- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Arista Records, LLC v. Doe 3Court of Appeals for the Second Circuit · 2010
- DaimlerChrysler Corp. v. CunoSupreme Court of the United States · 2006
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3Cited by1,097 opinions
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- Aei Life LLC v. Lincoln Benefit Life Co.Court of Appeals for the Second Circuit · 2018
- In Re Lipitor Antitrust LitigationCourt of Appeals for the Third Circuit · 2017
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