Understanding Citizenship and Domicile Requirements in US Courts, Slides of Civil procedure

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federal subject matter jurisdiction

diversity and alienage jurisdiction

U.S. Const. Article III. Section. 2. Clause 1:The judicial Power shall extend …to Controversies …between a State and Citizens of another State;--between Citizens of different States…and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

(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 ... as plaintiff and citizens of a State or of different States.

Baker v. Keck

(E.D. Ill. 1936)

Story: “It will be observed that, if there is an intention to remain, even though it be for an indefinite time, but still with the intention of making the location a place of present domicile, this latter intention will control, even though the person entertains a floating intention to return at some indefinite future period.”

I'm domiciled in New York. I then establish the intent to move to Arizona permanently, but on the way I get in accident in Oklahoma, where I remain for rehabilitation. Where is my domicile?

28 U.S.C. §1332(c) For the purposes of this section and section 1441 of this title— (1) a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business…

• P, a citizen of California, sues the D Corp. in federal court in the Northern District of California (N.D. Cal.) under state law for more than $75k.
• The suit concerns a faulty lighter that P bought from a store in the N.D. Cal. and blew up in P’s home in the N.D. Cal.
• The D Corp. makes the lighters and is incorporated in New Jersey.
  • The D. Corp. has three of its four manufacturing plants and 2/3 of its employees in Texas. Its other plant and around 1/ of its employees are in Louisiana.
• Its financial and administrative headquarters is in Los Angeles, in the Central District of California, where the President, Board of Directors and 1/12 of its employees are located.
• Is this a diversity case? Docsity.com

The P Corp., incorporated in Delaware with its US PPB in California but its total world-wide PPB in Germany, sues the D Corp., incorporated in France with its US PPB in California but its total world- wide PPB in France. The suit is under New York law. Diversity case?

• A from DC sues a law firm in NY with one partner in DC

Kramer v Caribbean Mills (US 1969)

28 USC §

A district court shall not have jurisdiction of a civil action in which any party, by assignment or otherwise, has been improperly or collusively made or joined to invoke the jurisdiction of such court.

X (Cal.) slips and falls in a store owned by D (Cal.).

Can X generate diversity jurisdiction by assigning his lawsuit to P (Nev.)?