|Series||Report / 97th Congress, 2d session, House of Representatives -- no. 97-808.|
|The Physical Object|
|Pagination||31 p. ;|
|Number of Pages||31|
Citizenship for Purposes of Diversity Jurisdiction Donald T. Weckstein Follow this and additional works at: This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU : Donald T. Weckstein. R. 28(a)(2) and (3), but because diversity jurisdiction is where most lawyers seem to slip up, it will be our focus here. “If jurisdic- tion depends on diversity of citizenship, the statement shall identify the jurisdictional amount and the citizenship of each File Size: 92KB. ing diversity relationship among the defendant claimants. If the requisite diversity existed already between a pair of claimants, that diversity should support federal jurisdiction and the citizenship of the other parties could be ignored. The instant case upholds jurisdiction in the absence of even partial diversity of citizenship. In the following decades, many members of the legal profession argued for the abolition of diversity jurisdiction, viewing it as a burden on the federal courts, an infringement on state sovereignty, and of little practical use following the Erie decision. Others opposed abolition, claiming that protection of out-of-state litigants was still important, that diversity jurisdiction .
Accessing the federal courts via diversity jurisdiction is often a more difficult task for LLCs and other unincorporated entities than it is for corporations. This article reviews recent cases, particularly Lincoln Benefit Life v. AEI Life LLC, applying those rules. The non-diverse citizenship of one member, who was a Florida citizen, destroyed federal diversity jurisdiction. The district court never had jurisdiction over the case in the first place. Ultimately, the appellate court vacated the summary judgment order in favor of the defendants, remanded the case back to the district court, and instructed it. In addition, federal courts exercise “diversity jurisdiction” over cases (i) where the amount in controversy (generally, the damages the plaintiff claims) exceeds $75,, and (ii) the parties are citizens of different states—in legal jargon, where there is “diversity of citizenship.”. Jurisdiction conferred by other sections of this chapter, except section , is not dependent upon diversity of citizenship. (See annotations under former section 41 of ti U.S.C.A., and 35 C.J.S., p. et seq. §§ 30– See, also, reviser’s note under section of this title.).
Diversity of Citizenship Law and Legal Definition Diversity of citizenship exists when opposing parties in a lawsuit are citizens of different states or a citizen of a foreign country. If the party is a corporation, it is a citizen of the state where it is incorporated or is doing business. The Hidden Bias in Diversity Jurisdiction. favoring the abolition of diversity jurisdiction). What has been missed in this debate is that, far from being an antidote to local bias, diversity Author: Debra Bassett. [hereinafter Note, Diversity of Citizenship]; Comment, Limited Partnerships and Federal Diversity Jurisdiction, 45 U. CHI. L. REv. , (). For purposes of federal diversity jurisdiction, a corporation is deemed a citizen of the state in which it is incorporated and of the state in which it has its principal place of busi-ness. Knowledge of and sensitivity toward diversity is an essential skill in the contemporary United States and the wider world. This book addresses the .