Belleville Catering Co. v. Champaign Market Place LLC

Belleville Catering Co. v. Champaign Market Place LLC -...

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Belleville catering Co. v. Champaign Market Place L.L.C. 350 F.3d 691 (2003) Fact: Operative Facts: Bad lawyering. It was a corporation suing an LLC. The lawyer believed that, since the Corporation was doing business in Missouri, then it had to be incorporated there. But it was actually incorporated in Illinois. The LLC treated their company as a corporation by stating where they were incorporated and where they do business. However, LLC is NOT a corporation and it is a citizen to where all their members are citizens of. Many of which, is in Illinois and at least one in Missouri. They tried to hide behind confidentiality, but then that wouldn’t satisfy the jurisdiction requirement.
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Unformatted text preview: Issue: Whether there was proper subject matter jurisdiction Rule: If the defendant and plaintiff overlap in citizenship, then there can not be a diversity of citizenship jurisdiction in Federal Court. Rational: The lawyers shouldve known better. LLC citizenship = citizenship where all the members are. Similar to partnerships. Corporations citizenship = primary place of business + place of incorporation. They overlapped. Even asked the court to affirm the judgment, even though they had no jurisdiction Holding: Dismissed because of lack of jurisdiction. And made lawyers not work for money on the remainder of this case. Synthesis: Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CIV PRO 141 taught by Professor Daucher during the Fall '11 term at Western State Colorado University .

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