Argument analysis: Justices appear to be leaning toward bright-line rule limiting diversity jurisdiction over artificial entities : SCOTUSblog

didn’t view those cases as involving artificial entities at all. Rather, those cases could be dismissed as disputes in which the trustees held title to the relevant property and sued in their own name. In the case of the modern REIT, by contrast, the trust itself owns the property and is the entity that sues and is sued. So, for example, Justice Antonin Scalia early on asked, “[w]ho owns these assets under Maryland law? Is it . . . this new corporation-type entity? That’s the entity that can sue.” That conclusion led him to dismiss out of hand Americold’s contention that the citizenship of the trust managers should be decisive: “[T]he trustees are sort of in the position of managers, just as though you hired a CEO.”

Thanks. God bless.



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