On March 2, 2017, in Thermoset Corporation v. Building Materials Corp of America, No. 15-13942, the Eleventh Circuit Court of Appeals vacated the lower court’s summary judgment order in favor of the defendants in a product liability action brought against a building materials manufacturer and its distributor, and remanded with instructions to return the case to the state court from which it was removed, finding that that there was not complete diversity among the defendants. One of the defendants, Roofing Supply Group Orlando (“RSGO”), the distributor of the other defendant’s manufactured materials, is an LLC, but the plaintiff had failed to allege to allege the citizenship of the individual LLC members in the complaint, as is required under the law in order to prove complete diversity. See Rolling Greens MHP, L.
Read more . . .