· 2/26/2013
Well-Come Holdings, LLC v. American Safety Risk Retention Group, Inc.
Citations
- 710 F.3d 1221
- 2013 WL 673156
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that each member of an LLC must be diverse from the opposing party for diversity jurisdiction to exist
- noting that a plaintiff—albeit in the summary-judgment context—may not “attempt to amend its complaint . . . without seeking leave of court pursuant to [FED. R. CIV. P.] 15(a)(2).”
- counseling district courts to limit the parties to the claims and defenses expressly raised in their respective pleadings, not their later summary judgment filings
- finding diversity exists after determining, among other things, that appellant was an LLC comprised of three members and determining that the members’ citizenship was diverse from the other parties
- explaining our refusal to consider “additional facts” included in plaintiffs’ motion for summary judgment
- “This court’s precedent foreclosed Wellr-Come’s attempt to amend its complaint at the summary judgment stage without seeking leave of court[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Black, Molloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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