Ferreli v. Express Check Advance of SC, LLC, No. 09-2401

In a class action lawsuit against business entities that make payday loans, decision of the district court to remand the case to state court for lack of subject matter jurisdiction is affirmed as, for the purposes of determining subject matter jurisdiction under the Class Action Fairness Act of 2005, a limited liability company is an "unincorporated association" as that term is used in 28 U.S.C. section 1332(d)(10) and therefore is a citizen of the state under whose laws it is organized and the state where it has its principal place of business.   

Read Ferreli v. Express Check Advance of SC, LLC, No. 09-2401

Appellate Information

Argued: October 27, 2009

Decided: January 8, 2010

Judges

Opinion by Circuit Judge Niemeyer

Counsel

For Appellant:  William Clifford Wood, Jr. Nelson Mullins Riley & Scarborough LLP

For Appellee:   Joseph Camden Wilson, Pierce Herns Sloan & McLeod