The Diversity Pleading Zombie Will Not Die.

Maybe every few years, we should disinter our “Pleading Federal Diversity for Limited Liability Companies (LLCs)” string of posts.

In these posts, which go back some years now, Minnesota lawyers get chided because they forgot (or never knew) how to plead federal jurisdiction when basing their jurisdictional claims on the diversity of citizenship of LLCs.

Here we go again.

The kicker in this most recent case is that the Plaintiff LLC allegedly does not know who its own members are. (“Cypress Creek confessed that even it is unable to identify all of its own sub‐members.)

How are the defendants supposed to know an adversary’s LLC members’ citizenship for purposes of pleading federal jurisdiction?

The courts answer: “Not our problem,” and the litigants are banished back into the state court underworld from which they came. (Happy Halloween)