• November 25, 2016
"A Tough Knot to Crack" (photo by Jay Fanelli)

“A Tough Knot to Crack” (photo by Jay Fanelli)

While many people are enjoying their Thanksgiving holiday break, a few of you are reading this post. You are the die-hards. I bet that you’re lawyers who love your work. Should you be admired or pitied? Who’s to say? Hats off to you, as far as I am concerned, and enjoy a puzzler:

In a recently filed complaint in U.S. District Court (D. Minn.)(Ericksen, J.), the plaintiff LLC sues defendant LLC and, for subject matter jurisdiction, plaintiff invokes federal question jurisdiction due to claims under the federal trade secrets statute, supplemental jurisdiction over several state law claims, and, in addition diversity jurisdiction.

But, as with almost every complaint (it sometimes seems) involving an LLC claiming diversity jurisdiction in federal court, the Plaintiff failed to plead diversity jurisdiction correctly.

Under these circumstances, where the claimed diversity jurisdiction is not the sole basis for the court’s subject matter jurisdiction, will the Court, sua sponte, order that this issue be addressed?

(See answer: here.)




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