Civil Procedure

Question 1

Diversity Jursdiction (Rule)

Answer 1

28USC§1332

(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
(4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.

Question 2

State Citizenship of Individuals

Answer 2

Domicile Test – Gordon v. Steele

Residency + Intent to Remain Indefinitely = Domicile

Subjective Test based on Objective evidence

Determined at the time of filing

You remain your previous domicile until you establish a new one

Eg. Move to college with the intent to move to a third state after graduation, domicile remains home

Question 3

State Citizenship of Corporations (Hertz Corp v. Friend)

Answer 3

Residents of where the business is incorporated and where the Headquarters is

Question 4

State Citizenship of Partnerships, LLPs, & LLCs

Answer 4

Residents of wherever a partner/member lives

Question 5

State Citizenship of Unincorporated Associations (Unions)

Answer 5

Resident of wherever any member lives

Question 6

Complete Diversity (Strawbridge v. Curtis)

Answer 6

All Plaintiffs must be from a different state from All Defendants