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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/resect1477 and id is 1 raw text is: TRUSTS 2D CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement C.A.3, 2018. Com. (b) cit. and quot. in ftns. Limited partnership filed an action for breach of contract and unjust enrichment against limited-liability companies, alleging diversity jurisdiction given that its general partner was a limited-liability company whose sole member was a resident of Pennsylvania and none of the original defendants' members were residents of Pennsylvania. After the entry of a settlement agreement, plaintiff moved for entry of a consent judgment due to defendants' alleged breach of the agreement. The district court granted defendants' motion to dismiss for lack of diversity jurisdiction, finding that the citizenship of traditional and business trusts included all members, including their beneficiaries, and that the membership of plaintiff included at least three trusts whose beneficiaries were citizens of New Jersey and a defendant also had a member who was a citizen of New Jersey. This court vacated and remanded, holding that the citizenship of a traditional trust was based only on the citizenship of its trustee. The court determined that the record was insufficient to determine whether the trusts at issue were traditional or business trusts, and thus whether there was diversity jurisdiction, and noted, citing Restatement Second of Trusts § 1, that § 2 of the Restatement could be used to determine if an express traditional trust was created. GBForefront, L.P. v. Forefront Management Group, LLC, 888 F.3d 29, 39, 41. § 2. Definition of Trust C.A.3, 2018. Cit. in cases cit. in sup., quot. in ftn. Limited partnership filed an action for breach of contract and unjust enrichment against limited-liability companies, alleging diversity jurisdiction given that its general partner was a limited-liability company whose sole member was a resident of Pennsylvania and none of the original defendants' members were residents of Pennsylvania. After the entry of a settlement agreement, plaintiff moved for entry of a consent judgment due to defendants' alleged breach of the agreement. The district court granted defendants' motion to dismiss for lack of diversity jurisdiction, finding that the citizenship of traditional and business trusts included all members, including their beneficiaries, and that the membership of plaintiff included at least three trusts whose beneficiaries were citizens of New Jersey and a defendant also had a member who was a citizen of New Jersey. This court vacated and remanded, holding that the citizenship of a traditional trust was based only on the citizenship of its trustee. The court determined that the record was insufficient to determine whether the trusts at issue were traditional or business trusts, and thus whether there was diversity jurisdiction, and noted that Restatement Second of Trusts § 2 could be used to determine if an express traditional trust was created. GBForefront, L.P. v. Forefront Management Group, LLC, 888 F.3d 29, 40, 41. Ohio App.2017. Quot. in sup. Owners of lots in a residential development sued social club that owned lots in the development and trustees of a trust that owned and managed a beach area in the development for the benefit of lot owners, seeking a declaration that club members who did not also own lots in the COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved AgI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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