Civ Pro Question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
2009 Prospective
Posts: 236
Joined: Tue Dec 02, 2008 12:32 pm

Civ Pro Question

Postby 2009 Prospective » Sun May 09, 2010 4:53 pm

What happens if the plaintiff validly brings a diversity suit under 1332 and after the lawsuit is filed, the defendant permanently moves to the state where the plaintiff is a citizen. Does this destroy the court's subject matter jx under 1332?

User avatar
jp0094
Posts: 121
Joined: Sat Feb 14, 2009 6:21 pm

Re: Civ Pro Question

Postby jp0094 » Sun May 09, 2010 4:56 pm

Citizenship matters at the moment of filing. So whatever moving that occurs after filing is irrelevant. However, you can move after the incident/accident/whatever that gives rise to the lawsuit, but before filing in order to establish or destroy diversity (Janzen v. Goos)

2009 Prospective
Posts: 236
Joined: Tue Dec 02, 2008 12:32 pm

Re: Civ Pro Question

Postby 2009 Prospective » Sun May 09, 2010 5:06 pm

Thanks. I don't think we actually studied a case on this but I figured as a policy matter the statute would be rendered almost meaningless if the rule were otherwise.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 10 guests