Richard D. Doermer v. Oxford Financial Group, Ltd.

Summary

The court affirmed dismissal of Richard Doermer's suit against Oxford because he lacked capacity under applicable state law to sue on behalf of the trust. The court also held that Kathryn was not an involuntary plaintiff, that the trust did not destroy diversity jurisdiction, and that appellate jurisdiction existed because Richard stipulated that he would not refile or amend the complaint. The court concluded that Richard could not sue as co-trustee without the required trustee consent and had not pleaded facts supporting the exception allowing a beneficiary to sue on behalf of a trust.