On May 29, 2020, Ed O’Toole published “May an LLC Defeat Diversity Jurisdiction by Concealing the Citizenship of Its Members?” in the New York Law Journal. The following is an excerpt:
According to a March 16, 2020, decision by the U.S. District Judge Brian M. Cogan of the Eastern District of New York, the answer is yes. In United States Liability Ins. Co. v. M Remodeling, 2020 WL 1244658 (E.D.N.Y. March 16, 2020), the court dismissed an insurance subrogation action against Case Plumbing LLC and three other corporate defendants because the insurer failed to properly establish complete diversity of citizenship of the members of the LLC.
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