Gmac Com. Credit Llc, Gmac Com. Fin. LLC v. Dillard Dep't Stores, Inc., Dillard's, Inc., 357 F.3d 827 (8th Cir. 2004). · Go Syfert
Gmac Com. Credit Llc, Gmac Com. Fin. LLC v. Dillard Dep't Stores, Inc., Dillard's, Inc., 357 F.3d 827 (8th Cir. 2004). Cases Citing This Book View Copy Cite
302 citation events (302 in the last 25 years) across 37 distinct courts.
Strongest positive: Austin Beber v. Navsav Holdings, LLC (ca8, 2025-06-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Austin Beber v. Navsav Holdings, LLC
8th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes . . . .
discussed Cited as authority (verbatim quote) Speten v. Sharda USA LLC
D.N.D. · 2025 · quote attribution · 1 verbatim quote · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, from this record, to determine the citizenship of gmac's members.
examined Cited as authority (verbatim quote) Stanfield v. Liberty Oilfield Services, LLC (3×) also: Cited as authority (rule)
D.N.D. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we recognize numerous similarities exist between a corporation and an llc, but congress is the appropriate forum to consider and, if it desires, to apply the same 'citizenship' rule for llcs as corporations for diversity jurisdiction purposes.
discussed Cited as authority (verbatim quote) Honary Enterprises, LLC v. Harry Davis LLC
N.D. Iowa · 2025 · quote attribution · 1 verbatim quote · confidence high
an llc's citizenship is that of its members for diversity jurisdiction purposes
examined Cited as authority (verbatim quote) Novus Ag, LLC v. S&M Farm Supply, LLC (3×) also: Cited as authority (rule), Cited "see, e.g."
E.D. Mo. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes.
discussed Cited as authority (verbatim quote) Austin Beber v. Navsav Holdings, LLC
8th Cir. · 2024 · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes . . . .
discussed Cited as authority (verbatim quote) CrossCountry Freight Solutions, Inc. v. JW Logistics Operations, LLC
D.N.D. · 2024 · quote attribution · 1 verbatim quote · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, form this record, to determine the citizenship of gmac's members.
discussed Cited as authority (verbatim quote) Structural Preservation Systems, LLC v. Dakota Gasification Company (2×) also: Cited "see"
D.N.D. · 2024 · quote attribution · 1 verbatim quote · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, form this record, to determine the citizenship of gmac's members.
examined Cited as authority (verbatim quote) Structural Preservation Systems, LLC v. Dakota Gasification Company (2×)
D.N.D. · 2024 · quote attribution · 2 verbatim quotes · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, form this record, to determine the citizenship of gmac's members.
discussed Cited as authority (verbatim quote) East Ridge Acres Community LLC v. ERA Homes LLC
D.N.D. · 2024 · quote attribution · 1 verbatim quote · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, form this record, to determine the citizenship of gmac's members.
discussed Cited as authority (verbatim quote) Haas v. Rabushka (2×) also: Cited "see"
E.D. Mo. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
n llc is not necessarily a citizen of its state of organization but is a citizen of each state in which its members are citizens.
discussed Cited as authority (verbatim quote) Cleek v. Ameristar Casino Kansas City, LLC
W.D. Mo. · 2021 · quote attribution · 1 verbatim quote · confidence high
olding an llc's citizenship is that of its members for diversity jurisdiction purposes
discussed Cited as authority (verbatim quote) Garland v. Nationstar Mortgage LLC
E.D. Mo. · 2019 · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes.
discussed Cited as authority (verbatim quote) Young v. Holloman
W.D. Ark. · 2019 · quote attribution · 1 verbatim quote · confidence high
any party or the court may, at any time, raise the issue of subject matter jurisdiction.
discussed Cited as authority (verbatim quote) Tim-Minn, Inc. v. Tim Hortons USA, Inc.
D. Minnesota · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes.
discussed Cited as authority (verbatim quote) SFF-TIR, LLC v. Stephenson
N.D. Okla. · 2017 · quote attribution · 1 verbatim quote · confidence high
holding an llc's citizenship is that of its members for diversity jurisdiction purposes, we are unable, from this record, to determine the citizenship of gmac's members.
discussed Cited as authority (verbatim quote) Darren Lee v. Airgas - Mid South, Inc.
8th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
n llc's citizenship is that of its members for diversity jurisdiction purposes.
discussed Cited as authority (verbatim quote) Fairfield Castings, LLC v. Hofmeister (2×) also: Cited as authority (rule)
S.D. Iowa · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
the corporation exception coincides with the common law's tradition of treating only incorporated groups as legal persons and accounting for all other groups as partnerships.
examined Cited as authority (verbatim quote) Shannon's Rainbow, LLC v. Supernova Media, Inc. (3×) also: Cited as authority (rule), Cited "see, e.g."
D. Utah · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
congress is the appropriate forum to consider and, if it desires, to apply the same 'citizenship' rule for llcs as corporations for diversity purposes.
discussed Cited as authority (rule) moed 2026
E.D. Mo. · 2026 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding an LLC’s citizenship is that of its members for diversity jurisdiction purposes), and Great River Ent., LLC v. Zurich Am.
cited Cited as authority (rule) ned 2025
D. Neb. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (citizenship of an LLC is that of its members).
cited Cited as authority (rule) Byers v. Ultimate Dollar N Dime Logistics, LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Peet v. Stewart
E.D. Mo. · 2025 · confidence medium
Stores, Inc., 357 F.3d 827, 828-829 (8th Cir. 2004).
discussed Cited as authority (rule) Langston v. IRCA Group USA LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding that, unlike a corporation, a limited liability company’s citizenship is that of its members for diversity jurisdiction purposes).
discussed Cited as authority (rule) Langston v. IRCA Group USA LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding an LLC’s citizenship is that of its members for diversity jurisdiction purposes); James v. Moore, 1:23-cv-0115-SNLJ, 2023 WL 4350944 , at *1 (E.D.
cited Cited as authority (rule) Colonial Village Company, LLC v. BNSF Railway Company
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) NGK Deerwood Capital Investments, LLC v. Push It 2 The Limit LLC
E.D. Mo. · 2025 · confidence medium
OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007); GMAC Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Four Brothers Investments LLC v. Acuity Insurance Company
E.D. Mo. · 2025 · confidence medium
GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Burchfield v. State Farm Insurance Company
E.D. Mo. · 2025 · confidence medium
Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Sucha Sauda, LLC v. Selective Insurance Company of South Carolina
E.D. Mo. · 2025 · confidence medium
GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Tate v. Culver & Cain Production
E.D. Mo. · 2025 · confidence medium
Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Bell v. The Townsend Corporation Of Indiana
E.D. Mo. · 2025 · confidence medium
GMAC Commercial Credit, LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Olderman v. John McDonald & Sons, Inc.
D. Minnesota · 2025 · confidence medium
Credit LLC v. Dillards Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004); Jet Midwest Int’l Co. v. Jet Midwest Grp., LLC, 932 F.3d 1102, 1104 (8th Cir. 2019).
discussed Cited as authority (rule) Phillips v. Angel
D.S.D. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004)); Cunningham & Assocs., PLC v. ARAG, LLC, 842 F. Supp. 2d 25 , 27 n.2 (D.D.C. 2012) (“a professional limited liability company’s citizenship is that of its individual members” (citing Stamper v. Wilson & Associates, P.L.L.C., 2010 WL 1408585 , at *10 (E.D.
cited Cited as authority (rule) Prime Time Healthcare, LLC v. Bedrock HCS at Riverdale LLC
D. Neb. · 2025 · confidence medium
Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Prime Time HealthCare LLC v. Sunny Ridge Operations LLC
D. Neb. · 2025 · confidence medium
Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) TD Synnex Corporation v. NodesNow, LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Smith v. Amazon.com, Inc
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Peyatt v. ConocoPhillips Company
D.N.D. · 2025 · confidence medium
GMAC Commercial Credit LLC v. Dillard Dep't Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Gotsch v. Starbucks Corporation
E.D. Mo. · 2025 · confidence medium
GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Gotsch v. Starbucks Corporation
E.D. Mo. · 2025 · confidence medium
GMAC Commercial Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
discussed Cited as authority (rule) Emerson Electric Co. v. Si
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding an LLC’s citizenship is that of its members for diversity jurisdiction purposes), and Great River Ent., LLC v. Zurich Am.
discussed Cited as authority (rule) FullCircle Placement Partners, LLC v. Millard Roofing & Gutters, LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding that an LLC’s citizenship is that of its members for diversity jurisdiction purposes); James v. Moore, 1:23-cv-00115-SNLJ, 2023 WL 4350944 , at *1 (E.D.
discussed Cited as authority (rule) Cadence Bank v. Epic Strategies, LLC
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004) (holding an LLC’s citizenship is that of its members for diversity jurisdiction purposes); James v. Moore, 1:23- cv-00115-SNLJ, 2023 WL 4350944 , at *1 (E.D.
discussed Cited as authority (rule) Utica Mutual Insurance Company v. Chap Arnold Insurance Agency, LLC (2×) also: Cited "see"
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004), Defendant cannot satisfy its disclosure requirement under Local Rule 2.09 until it sufficiently discloses the citizenship of Keystone, see Hill v. Lowe’s Home Ctrs., LLC, 1:21-cv- 00185-SRC, 2022 WL 1202363 at *3 (E.D.
cited Cited as authority (rule) Smith v. Aldi, Inc.
E.D. Mo. · 2025 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
cited Cited as authority (rule) Webster Capital Finance, A Division of Webster Bank, National Association v. STL Equipment Leasing Co., LLC
E.D. Mo. · 2024 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004), and James v. Moore, 1:23-cv-00115-SNLJ, 2023 WL 4350944 , at *1 (E.D.
cited Cited as authority (rule) PTI Union, LLC v. Chattem, Inc.
E.D. Mo. · 2024 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004); see also Great River Ent., LLC v. Zurich Am.
cited Cited as authority (rule) Moran Foods, LLC v. Top Notch Products, Inc.
E.D. Mo. · 2024 · confidence medium
Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004).
discussed Cited as authority (rule) National Fire & Marine Insurance Company v. Goldner Capital Management LLC
E.D. Mo. · 2024 · confidence medium
Credit LLC v. Dillard Dep’t Stores, Inc., 357 F.3d 827, 829 (8th Cir. 2004); see Cleek v. Ameristar Casino Kansas City, LLC, 47 F.4th 629 , 635 (8th Cir. 2022) (“The State of an LLC’s organization does not determine its citizenship; only the citizenship of the LLC’s members is determinative.”).
GMAC COMMERCIAL CREDIT LLC, Plaintiff, GMAC Commercial Finance LLC, Plaintiff/Appellant,
v.
DILLARD DEPARTMENT STORES, INC., Defendant, Dillard’s, Inc., Defendant/Appellee
03-2514, 03-2850.
Court of Appeals for the Eighth Circuit.
Feb 6, 2004.
357 F.3d 827
Jeffrey Fink, argued, St. Louis, MO (Jordan B. Cherrick, St. Louis, David L. Williams, Kathryn B. Perkins, Little Rock, AR, on the brief), for appellant., Thomas B. Weaver, argued, St. Louis, MO (Andrew B. Mayfield, St. Louis, on the brief), for appellee.
Riley, Bowman, Smith.
Cited by 248 opinions  |  Published
RILEY, Circuit Judge.

Invoking federal diversity jurisdiction, GMAC Commercial Credit LLC (GMAC), a New York limited liability company (LLC) with its principal place of business in New York, brought a breach of contract action against Dillard’s, Inc. (Dillard’s), a Delaware corporation with its principal place of business in Arkansas. Following entry of partial summary judgment for Dillard’s, and a jury verdict for Dillard’s, the district court entered judgment for Dillard’s. The district court also awarded Dillard’s costs and attorney fees as permitted under Arkansas law. GMAC appealed on grounds unrelated to the issue we address today.

After obtaining new counsel, GMAC moved to vacate the district court’s judgment and attorney fees award, claiming diversity of citizenship does not exist and the federal court lacks subject matter jurisdiction. Any party or the court may, at any time, raise the issue of subject matter jurisdiction. S.D. Farm Bureau, Inc. v. Hazeltine, 340 F.3d 583, 591 (8th Cir.2003); see also Chapman v. Barney, 129 U.S. 677, 681, 9 S.Ct. 426, 32 L.Ed. 800 (1889). Dillard’s resists GMAC’s motion, arguing the federal court has jurisdiction. Alternatively, Dillard’s requests attorney fees for GMAC’s failure to raise the jurisdictional issue earlier. Because we conclude GMAC’s citizenship as an LLC is defined by the citizenship of its members, we remand these cases to the district court for further proceedings to determine (1) the parties’ citizenship, and (2) whether diversity exists.

I. DISCUSSION

A. Jurisdiction

The citizenship of an LLC for purposes of diversity jurisdiction is an issue of first impression in our circuit. Congress limits a federal district court’s diversity jurisdiction to “all civil actions where the matter in controversy exceeds ... $75,000 ... and is between ... citizens of different States.” 28 U.S.C. § 1332(a)(1) (2000). Generally, a district court’s “diversity jurisdiction in a suit by or against [an unincorporated] entity depends on the citizenship of ‘all the members.’ ” Carden v. Arkoma Assocs., 494 U.S. 185, 195-96, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990) (quoting Chapman, 129 U.S. at 682, 9 S.Ct. 426). The only exception to this rule is a corporation’s citizenship, which is (1) the state of incorporation, and (2) the state where the corporation’s principal place of business is located. 28 U.S.C. § 1332(c)(1).

The corporation exception coincides with the common law’s tradition of treating only incorporated groups as legal persons and accounting for all other groups as partner[*829] ships. Puerto Rico v. Russell & Co., 288 U.S. 476, 480, 53 S.Ct. 447, 77 L.Ed. 903 (1933). The Supreme Court has repeatedly resisted extending the corporation exception to other entities. See, e.g., Carden, 494 U.S. at 186, 189, 195-96, 110 S.Ct. 1015 (declining to extend the corporation exception to a limited partnership); United Steelworkers of Am. v. R.H. Bouligny, Inc., 382 U.S. 145, 146-47, 153, 86 S.Ct. 272, 15 L.Ed.2d 217 (1965) (declining to extend the corporation exception to an unincorporated labor union); Great Southern Fire Proof Hotel Co. v. Jones, 177 U.S. 449, 456-57, 20 S.Ct. 690, 44 L.Ed. 842 (1900) (declining to extend the corporation exception to a limited partnership association); Chapman, 129 U.S. at 682, 9 S.Ct. 426 (declining to extend the corporation exception to a joint-stock company).

We recognize numerous similarities exist between a corporation and an LLC, but Congress is the appropriate forum to consider and, if it desires, to apply the same “citizenship” rule for LLCs as corporations for diversity jurisdiction purposes. This issue appears resolved by Justice Antonin Scalia’s analysis in Carden:

[T]he course we take today does not so much disregard the policy of accommodating our diversity jurisdiction to the changing realities of commercial organization, as it honors the more important policy of leaving that to the people’s elected representatives. Such accommodation is not only performed more legitimately by Congress than by courts, but it is performed more intelligently by legislation than by interpretation of the statutory word “citizen.” ... We have long since decided that, having established special treatment for corporations, we will leave the rest to Congress; we adhere to that decision.

Carden, 494 U.S. at 197, 110 S.Ct. 1015; see Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir.1998) (concluding that, because an LLC resembled a limited partnership and “members of associations are citizens for diversity purposes unless Congress provides otherwise,” an LLC’s citizenship “for purposes of diversity jurisdiction is the citizenship of its members”). We dutifully adhere to the same principle.

Holding an LLC’s citizenship is that of its members for diversity jurisdiction purposes, we are unable, from this record, to determine the citizenship of GMAC’s members. We remand these cases to the district court for discovery and a hearing to ascertain whether any of GMAC’s members are citizens of Arkansas or Delaware.

B. Attorney Fees

Dillard’s contends this court should award it attorney fees because GMAC did not raise the issue of jurisdiction until this appeal. We decline to address this issue and leave the decision regarding attorney fees to the district court.

II. CONCLUSION

For the foregoing reasons, we remand these cases to the district court for jurisdictional discovery and a hearing, and for a ruling on Dillard’s request for attorney fees.