Rhonda Meisner v. Zymogenetics, Inc., et al.

This Honorable Court recently settled the dispute for determining the citizenship of entities other than humans and corporations and determined in Americold Realty Trust "While humans and corporations can assert their own citizenship, other entities take the citizenship of their members." Americold Realty Trust v. ConAgra Foods, Inc., No. 14-1382, 2016 U.S. LEXIS 1652 (U.S. Mar. 7, 2016). In Garden, this Honorable Court interpreted Congress' use of the word "corporation" in 28 U.S. Code § 1332 (c)(1) as not applying to unincorporated partnerships, such as, limited liability partnerships (LLP's) for the purposes of determining the citizenship, of the entity. For unincorporated partnerships UP's), this Court determined the citizenship of the partnership is the citizenship of each of the partners. Garden vArkoma Assocs., 494 U.S. 185,195-96 (1990). QUESTIONS PRESENTED Whether the Fourth Circuit properly retained jurisdiction over a removed case when the petitioner filed a motion to remand within thirty days that alleged fatal defects in the appellee's notice of removal pursuant to 28 U.S.C. 1447(c). To reconcile Erie, Byrd, and Semtek can a plaintiff rely on state res-judicata laws when the slander claims implicated in the resjudicata analysis were based on supplemental jurisdiction pursuant to 28 U.S.C. §1367?