LLCs Are Treated Like Corporations When Determining Jurisdiction Under CAFA

• Published date: 26 October 2022
• Law Firm: Taft Stettinius & Hollister
• Author: Mr Daniel H. Bryan

A recent Sixth Circuit opinion reiterated that, for purposes of evaluating diversity jurisdiction, the citizenship of a limited liability company is determined by the citizenship of its members. E.g., Akno 1010 Mkt. Street St. Louis Missouri LLC v. Pourtaghi, 43 F.4th 624, 626 (6th Cir. 2022). An LLC's state of organization and principal place of business are irrelevant to that analysis because 28 U.S.C. ' 1332(c) refers specifically to "corporation[s]," while LLCs, like partnerships, are treated as unincorporated associations. Id.; Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009) ("The general rule is that all unincorporated entities ' of which a limited...