Simple Diversity jusisdiction question(based on alienage)

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gothamm
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Simple Diversity jusisdiction question(based on alienage)

Postby gothamm » Wed Dec 14, 2011 3:23 am

P1 is from Italy and P2 is from California. They are suing D1 from Florida and D2 from France.


Everyone is a human being. it's over $75,000. Is SMJ based on diversity proper?

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Arbiter213
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Re: Simple Diversity jusisdiction question(based on alienage)

Postby Arbiter213 » Wed Dec 14, 2011 9:40 am

Yes. Citizens of different states in which citizens or subjects of foreign states are additional parties.

This would still work if both of the foreign citizens were from the same country.

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gothamm
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Re: Simple Diversity jusisdiction question(based on alienage)

Postby gothamm » Wed Dec 14, 2011 7:15 pm

Arbiter213 wrote:Yes. Citizens of different states in which citizens or subjects of foreign states are additional parties.

This would still work if both of the foreign citizens were from the same country.


thank for the response. But i don't think this is right. I am talking about complete diversity.

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Judge Philip Banks
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Re: Simple Diversity jusisdiction question(based on alienage)

Postby Judge Philip Banks » Wed Dec 14, 2011 8:30 pm

An alien on both sides of a case would destroy diversity. Corporacion Venezolana de Fomento v. Vintero Sales Corp., 629 F.2d 786, 790 (2d Cir.1980). There doesn't seem to be any Sup Ct case on point though. My professor says that a case like this is still diverse for policy reasons (US interest in adjudicating a case where there are US citizens on each side), but other professors say that diversity is destroyed. I think it is still an issue open to interpretation until the Sup Ct says something on it.

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Arbiter213
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Re: Simple Diversity jusisdiction question(based on alienage)

Postby Arbiter213 » Wed Dec 14, 2011 9:10 pm

Kevin Clermont is pretty explicit that it is not a problem for jurisdiction.

The case you cite above is about corporations are citizens which are dual citizens in the US. That is not the same case law. It matters here if the foreign parties are individuals or corporations. Also that case is from 1980.




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