Certain Interested Underwriters at Lloyd's, London, England v. James E. Layne Cindy Carol Kilgore, Larry Nig Kilgore

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that only the citizenship of each Syndicate’s lead underwriter, and not each Name, is relevant to the jurisdictional analysis
• holding that by applying the “real party in interest” test, in conjunction with Tennessee’s law concerning suits involving principal and agent, only the Underwriters should be included for the purposes of diversity jurisdiction
• holding that, in diversity cases, state substantive law determines whether a party is a “real party in interest” with standing to sue under Rule 17(a) of the Federal Rules of Civil Procedure
• reasoning that the lead Lloyd’s underwriter was the agent for undisclosed principals – that is, the remaining names – under Tennessee law
• “the real party in interest is the person who is entitled to enforce the right asserted under the governing substantive law.”
• “In reviewing the district court’s determination concerning its jurisdiction, we review the court’s findings of fact for clear error and conclusions of law de novo.”

Source: CourtListener parenthetical corpus (CC0).