Accumulation trust is a type of see-through trust that allows withdrawals to be made or kept within the trust. See-through trusts are established by people with individual retirement accounts (IRA) so that the assets in their IRAs are transferred into a trust should they die before withdrawing all of the assets.
In diversity jurisdiction cases, is a trust a citizen of every state where its beneficiaries reside?
In 1992, ConAgra Foods, Inc. (“ConAgra”) sued Americold Logistics, LLC and its parent company, Americold Realty Trust (collectively, “Americold”), in Kansas state court to recover damages for goods destroyed by fire in an Americold storage facility. See ConAgra Foods, Inc. v. Americold Logistics, LLC, No. 13-2064-JWL, 2013 WL 5530274, *3 (D. Kan. Oct. 4, 2013). Americold removed the action to federal court on the basis of diversity jurisdiction, and received summary judgment. ConAgra appealed. Although the parties did not raise the question, the U.S. Court of Appeals for the Tenth Circuit determined Americold Realty Trust—a real estate investment trust (“REIT”) with potential beneficiaries in many states—had not shown it was completely diverse from ConAgra. Accordingly, the court did not have jurisdiction to hear the case. See ConAgra Foods, Inc. v. Americold Logistics, LLC, 776 F. 3d 1175, 1175–80 (10th Cir. 2015). The Supreme Court will decide how to determine the citizenship of a trust for purposes of diversity jurisdiction. Americold maintains that the citizenship of a trust should be based on the citizenship of its trustees, not its beneficiaries. See Brief for Petitioners, Americold Logistics, LLC, et al. at 12. ConAgra contends that a court should consider a trust to be a citizen of every state in which any of the trust’s members, shareholders, or beneficiaries is a citizen. See Brief for Respondents at 18. The Court’s resolution of this case will impact the jurisdictional status of REITs and how courts determine the citizenship of trusts. See Brief of Amicus Curiae National Association of Real Estate Investment Trusts (“NAREIT”), in Support of Reversal at 5; Brief of Amicus Curiae Winston Wen-Young Wong, in Support of Petitioner at 34
Is the citizenship of a trust for purposes of federal diversity jurisdiction based on the citizenship of the controlling trustees, the trust beneficiaries, or some combination of both?
In December 1991, a fire in an underground storage facility destroyed food and other products that ConAgra Foods, Inc. (“ConAgra”) was storing there. See ConAgra Foods, Inc. v. Americold Logistics, LLC, No. 13-2064-JWL, 2013 WL 5530274, *3 (D. Kan. Oct. 4, 2013). ConAgra leased the facility from Americold Logistics, LLC.
Is there a trust relationship between the Navajo Nation and the U.S. government and no jurisdictional prohibitions such that the Navajo Nation can compel the U.S. Government to assess and manage the Nation’s water interests in the Colorado River?
Note: The authors mirror the parties’ and courts’ use of the term “Indian” as a legal term in this Preview.
This case asks the Supreme Court to consider whether there is a trust relationship between the Navajo Nation (“the Nation) and the U.S. government regarding the Nation’s water rights. Arizona contends that the Nation’s claim infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of water from the Colorado River mainstream in Arizona v. California. Furthermore, Arizona argues that the Nation has failed to state a cognizable breach-of-trust claim because the Nation did not specify a source of law establishing the government’s fiduciary duty. The Nation counters that the claim does not fall under the Supreme Court’s reserved jurisdiction because the Nation did not seek a quantification of its rights to the Colorado River mainstream. The Nation further contends that it has identified provisions in treaties, statutes, and the Winters doctrine to establish the trust duty on the federal government to ensure an adequate water supply for the Navajo Reservation. The outcome of this case will have far-reaching implications for the Navajo Nation’s water resources, the stability of water rights, and the water allocation system.
(1) Whether the opinion of the U.S. Court of Appeals for the 9th Circuit, allowing the Navajo Nation to proceed with a claim to enjoin the secretary of the U.S. Department of the Interior to develop a plan to meet the Navajo Nation’s water needs and manage the mainstream of the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California; and (2) whether the Navajo Nation can state a cognizable claim for breach of trust consistent with the Supreme Court’s holding in United States v. Jicarilla Apache Nation based solely on unquantified implied rights to water under the doctrine of Winters v. United States?
The Navajo Nation (“the Nation”) is a federally recognized Indian tribe that signed the 1849 Treaty and the 1868 Treaty with the United States. Navajo Nation v.
Blind trusts refers to trusts established so that neither trustor or the beneficiary knows what assets are inside the trust after its creation.
A bypass trust (also called an AB trust or a credit shelter trust ) is a technique which allows married couples to avoid estate taxes on transfers of wealth to third parties up to a certain amount.
A charitable remainder trust (CRT) is an irrevocable trust that provides income to one or more beneficiaries for a specified period, after which the remaining assets are transferred to a qualified
Charitable remainder unitrusts (CRUTs) are a type of charitable remainder trust that distributes a percentage of its assets to a beneficiary annually based on its current fair market value, and to which additio
Community trusts are 501(c)(3) organizations designed to pool funds together to help fund projects in a community. These trusts can be used for a variety of needs such as scholarships, environmental projects, preservation, and affordable housing.
