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CivPro_OLnotes for100610

CivPro_OLnotes for100610 - Rules of Diversity for o...

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Rules of Diversity for… o Individuals State Citizenship: Common law concept of DOMICILE Must be “citizen,” not domicile (BUT Courts equate citizenship with domicile) State where one has taken up residence ( is physically present within domicile) and with the intent to reside indefinitely o Indefiniteness only means open-ended no definite plans at that particular time or upon particular event Having residence in the state is necessary but not sufficien t for establishing domicile just having residence is not enough Mas v Perry: 2 way mirror case w/ Frenchman, MISS and LA. even though one may never plan to go back, if you never establish new domicile, still remain domiciliary of original. o Aliens : Non-permanent: not residents of any state; cant be part of any diversity Permanent: considered citizens of the states where they are domicile o Executor/infant/ in competent : legal representative is citizen of the same state as party being represented o Corporations: 28 U.S.C. 1332(c): 1332 (c)(1): Corporations are citizens for diversity purposes of both the state where their principal place of business is located the state in which they are incorporated Principal Place of Business: Most Courts use either the total activity test : determines corporation’s principal place of business based on all aspects of the corporation’s activity: considers both nerve center and production activities of the corporation. There’s also… Substantial dominance test : look for bulk of corporate activity, employs the most people, manufactures the most products, makes the most money, etc. older test is nerve center test: where decisions are made, activities are coordinated- may only be used where the corporations other activities are evenly divided among other state Muscle test: central place of activity o Unincorporated association , (labor union, condo association- Caldwell v. Sara ) look to the citizenship of every member o Partnership : look to the citizenship of all partners/ each of its members, general and limited o Insurance Co.: ( interpleader rule) Insurer is a citizen of the state of the insured’s citizenship if the insured isn’t joined as a party defendant (in addition to the regular corporation citizenship test - incorporation and principle place of business) o Class Actions : 1) look to the citizenship of the named P’s for diversity 2) CAFA: allows less the 75K if the aggregate exceeds 5 Mill and only requires minimal diversity If < 5 million, look to citizenship of named P and to amount in controversy by named P. if that is > 75K, other claims tag along. If 2/3 of class is from the same state as D then it stays in state court
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Over 100 class members Pretext : court won’t consider pretextual citizenship, or allow pretextual D to defeat diversity. or a party improperly joined to invoke federal jurisdiction 28 usc 1359 Cases Federal Court will NOT hear even in Diversity: o Domestic relations (divorce, other kinds of family disputes) o
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