· 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 CourtListenerSourced 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.