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Bright Line, Dim Prospects: Grupo Dataflux V. Atlas Global Group, L.P. Reaffirms A Bright Line Barrier To Diversity Jurisdiction For Limited Partnerships And Other Unincorporated Entities, Amy Friedmann

Akron Tax Journal

This Note examines how these two policy decisions changed the landscape of diversity jurisdiction for limited partnerships and other unincorporated entities. It argues that, despite the Grupo majority's expressed rationale of adhering to time of filing precedent, a rule that requires complete diversity between parties to exist at the time of filing, the majority actually reaffirmed and clarified the scope of the Caterpillar exception to the time of filing rule. This Note further argues that the real impetus for the majority's decision was the fear that any tinkering with the bright-line rule of Carden, which requires courts to count the …