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· 3/30/2009

Mullins v. TestAmerica, Inc.

Citations

  • 564 F.3d 386
  • 2009 U.S. App. LEXIS 6871
  • 2009 WL 807458

How courts have described this case

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

  • holding that, “if the circumstances surrounding the lien’s creation are themselves part of the alleged fraudulent transfer,” the lien is invalid
  • holding that a defendant “should reasonably have anticipated being haled into a Texas court for precipitating and directing an alleged fraudulent transfer at the expense of a known, major creditor in Texas”
  • suggesting that to discern the citizenship of an LLC, the court must trace citizenship “down the various organizational layers”
  • affirming where a district court “trac[ed] [the parties’] citizenship down the various organizational layers where necessary” to determine diversity jurisdiction
  • applying Texas law and holding that exemplary damages were not recoverable because no actual damages resulting from the defendant’s tortious conduct were requested or awarded
  • explaining citizenship must be “distinctly and affirmatively alleged” in order to establish the existence of complete diversity

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginbotham, Wiener

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.