Residency of Members Dictates Diversity for LLC in Asbestos Case, Court Rules

NORFOLK, Va. - A federal district court judge ruled in an asbestos case that it is the residency of a defendants' corporate members and not the principal place of business that matters in determining diversity jurisdiction for a case involving a limited liability company. Contreras v. Thor Norfolk Hotel, L.L.C., No. 2:03cv452 (E.D.Va.).

Judge Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia on Sept. 12 denied plaintiff Chris Contretas' motion to remand the underlying asbestos case to state court, determining that the defendants' notice of removal set forth sufficient information to indicate that diversity …