Protecting LLC Member, LP Partner Identity In Litigation
Law360, New York (March 10, 2015, 5:12 PM EDT) -- The situation is familiar: You represent a limited liability company or limited partnership and file suit in state court to avoid disclosing the identity of your members or partners. But then the identity of those members/partners becomes an issue when the defendant removes your state court case to federal court claiming diversity jurisdiction. The contentions of the removal petition may allege diversity of the parties "upon information and belief" and then you are left to admit or refute the allegations and/or address the issue in the jurisdictional statement of your counterclaim. For privacy reasons though, your LLC or LP may not want to divulge the identity of its members/partners....
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
