United States Fourth Circuit

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.

Appellate Information

• Argued 10/27/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• Before TRAXLER, Chief Judge, and NIEMEYER and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:William Clifford Wood, Jr., Nelson, Mullins, Riley & Scarborough, LLP, Columbia, South Carolina, for Appellant. Joseph Camden Wilson, Pierce, Herns, Sloan & McLeod, Charleston, South Carolina, for Appellee. ON BRIEF:C. Mitchell Brown, Nelson, Mullins, Riley & Scarborough, LLP, Columbia, South Carolina, for Appellant. Alan P. Sloan, III, Pierce, Herns, Sloan & McLeod, Charleston, South Carolina, for Appellee.