BEN E. KEITH COMPANY v. DINING ALLIANCE, INC.

No. 22-10340.

80 F.4th 695 (2023)

BEN E. KEITH COMPANY, Plaintiff, v. DINING ALLIANCE, INCORPORATED, Defendant/Counter-Claimant-Appellant, v. Foodbuy, L.L.C., Counter-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 12, 2023.


Attorney(s) appearing for the Case

Jeffery T. Nobles , Husch Blackwell, L.L.P., Houston, TX, Daniel Solomon , Husch Blackwell, L.L.P., Washington, DC, for Defendant/Counter-Claimant—Appellant.

William S. Snyder , Attorney, Michael Boyce Holleman, II, Esq. , Bradley Arant Boult Cummings, L.L.P., Dallas, TX, Charles Bailey King, Jr. , Bradley Arant Boult Cummings, L.L.P., Charlotte, NC, for Counter-Defendant—Appellee.

Before Jones, Clement, and Haynes, Circuit Judges.


Although modern business entities may organize in complex ways unknown in the past, the criteria for diversity of citizenship jurisdiction as to LLCs has been firmly established in this circuit since 2008. Dining Alliance unacceptably hid the ball with respect to elementary jurisdictional facts during the entire course...

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