ocplaytime wrote:paulinaporizkova wrote:ocplaytime wrote:part of question from civ pro final today:
mr.x is domiciled in CA (lived there his whole life) but just got sentenced to 20 years in federal prison in NY. already in custody. Mr. X owns "A LIMITIED LIABILITY CORPORATION XYZ that is incorporated in Delaware and principal place of business in Florida"
does what I just explained make the XYZ a corporation for SMJ/diversity sake? some people in class took the LLC as an unincorporated entity which would be attached to the domicile of Mr.X.
LLCs look at domicile of all members - inc/ppob was a red herring
so in other words im basically going to look like a moron? was a big hypo and basically had to represent mr.x and xyz from various suits using Rule 8 and 12 including affirmative defenses. spent about 80% of answer focusing on mr.x though because he had a bigger disaster going on. pretty stupid mistake on my part...I usually don't stick around after but just had to after this one and while some people picked up on that part a good portion didn't even get to most of rule 12. hopefully it evens out the cuve
No because even if you say something would be dispositive or not you should still analyze everything.
Btw, here's what I found on Wikipeida: A partnership or limited liability company is considered to have the citizenship of all of its constituent partners/members. Thus, an LLC or partnership with one member or partner sharing citizenship with an opposing party will destroy diversity of jurisdiction.