Congress Should Amend the Diversity Statute to Address LLCs
Marc Greewald and Leigha Empson discuss how Congress should amend the diversity statute so that citizenship of LLCs for the purposes of diversity jurisdiction would be determined by the LLC's principal place of business and the state under whose laws it is organized, not by the citizenship of each of its members.
November 29, 2023 at 10:10 AM
12 minute read
Columns
Parties must decide at the outset of their case whether to litigate in state court or federal court. Businesses often prefer to litigate in federal court for the highly qualified judges not subject to election, less-crowded dockets, and well-developed rules and case law for civil matters. But access to federal courts will vary depending on a party's corporate structure.
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