Siloam Springs Hotel, L.L.C. v Century Surety Company

Surety denied coverage to Hotel in an accidental injury case. Hotel sued in state court and Surety removed to federal court. The district court granted summary judgment to Surety. The 10th Circuit order surety to show why diversity of citizenship existed as Hotel is a limited liability company and not a corporation. The panel held that like all other circuits to decide the issue, LLCs have the citizenship of each of the members as it is an unincorporated entity and United States Supreme Court precedent requires that courts look at eh citizenship of all the owners (members here) of the entity. As there was no evidence as to the citizenship of hotels members at the date the suit was removed, the case was remanded for the district court to determine if diversity exists and if so to consider certifying the coverage issue to the supreme court of the state whose law controls the coverage issue.

Greenbaum v Bailey

Greenbaum sued to have a ban on corporate contributions in Albuquerque municipal elections declared unconstitutional. Giant Cab Company later intervened and became the plaintiff when Greenbaum was dismissed for lacking standing. A fundraising committee intervened as well to support the ban. The district court granted judgment to Giant Cab.  Bailey declined to appeal so the committee filed a notice of appeal. The panel dismissed for lack of standing as the committee had no power to enforce the ban and identified no injury sustained and thus had no direct stake in the outcome