Case Citator › Hicklin Engineering, L.C., Cross-Appellee v. R.J. Bartell and R.J. Bartell & Associates, L.L.C.

Hicklin Engineering, L.C., Cross-Appellee v. R.J. Bartell and R.J. Bartell & Associates, L.L.C.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Seventh Circuit
Citation
439 F.3d 346
Decided
Confirmed treatments
2
Flagged citations read
39 of 39
Citing cases (total)
39
Treatment dates
2015–2016
Abrogated
A reviewed court treats this case as abrogated by later authority. Abrogated as to trust citizenship. All 39 flagged citations have been read.
More on how this was screened

Americold Realty Trust v. ConAgra Foods, Inc. displaced Hicklin Engineering, L.C. v. Bartell's rule that a trust's citizenship always follows its trustees. In RTP LLC v. ORIX Real Estate Capital, Inc., the Seventh Circuit expressly said that Hicklin's view did not survive Americold. Before Americold, a district court also declined to follow Hicklin on the same federal diversity question. Hicklin's rulings on public judicial decisions and other citizenship issues continue to be cited. The two confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

39 later cases cite Hicklin Engineering, L.C., Cross-Appellee v. R.J. Bartell and R.J. Bartell & Associates, L.L.C.; 39 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Hicklin Engineering, L.C., Cross-Appellee v. R.J. Bartell and R.J. Bartell & Associates, L.L.C.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court held that a trust sued in its own name takes its members' citizenship rather than automatically taking only its trustees' citizenship.

    Americold Realty Trust v. ConAgra Foods, Inc. · Supreme Court of the United States · filed

    It cites a case called Navarro Savings Assn. v. Lee, 446 U. S. 458 (1980), to argue that anything called a “trust” possesses the citizenship of its trustees alone, not its shareholder beneficiaries as well. As we have reminded litigants before, however, “Navarro had nothing to do with the citizenship of [a] ‘trust.’ ” Carden, 494 U. S., at 192–193. ... This rule coexists with our discussion above that when an artificial entity is sued in its name, it takes the citizenship of each of its members.
    Read the full opinion on CourtListener →

Declined to follow

  • The court declined Hicklin's trustee-only rule and required the citizenship of the beneficiaries of trusts litigating in their own names.

    Fairfield Castings, LLC v. Hofmeister · S.D. Iowa · filed

    Nonetheless, some Circuits still cited Navarro for the blanket proposition that the citizenship of a trust is that of the trustee. See Hicklin Eng’g L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir.2006); Johnson v. Columbia Prop. Anchorage, LP, 437 F.3d 894, 899 (9th Cir.2006). ... the citizenship of the beneficiaries of the Trusts must be determined.
    Read the full opinion on CourtListener →

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