Diversity Jurisdiction

In an opinion today, Judge Oetken, addressing a question that is unresolved in the Second Court, agreed with a prior opinion of Judge Nathan and ruled that the citizenship of a trust for diversity purposes depends in part on whether the case is brought in the name of the trust itself or in the name of the trustee.  Specifically, after surveying the conflicting authorities, Judge Oetken determined that the “rule is, accordingly, as follows”:

Continue Reading Judge Oetken Explains “Overly Technical,” “Form Over Function” Rules for Citizenship of Trusts in Diversity Cases