Quick Question about a couple of jurisdiction scenarios

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muscleboundlaw
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Quick Question about a couple of jurisdiction scenarios

Postby muscleboundlaw » Tue Dec 05, 2017 4:19 pm

1. A (texas) v. B( Lives in France, but Perm Residency in Ok), does Jurisdiction exist?

2. A(texas) + B(mexico) v. C( DC) + D(Mex)

3. Canada v. Corp in Texas

4. A ( lives in England perm Resident in OK) v. B( Lives in France Perm Resident TX)

cavalier1138
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Re: Quick Question about a couple of jurisdiction scenarios

Postby cavalier1138 » Tue Dec 05, 2017 4:26 pm

I assume these are all solely asking about complete diversity:

1. Yes.

2. Yes, assuming that the Mexican parties are not also permanent residents of a state that would destroy complete diversity.

3. Yes, but don't focus on a "corp in Texas". Where is the corporation's state of incorporation, and where is its primary place of business?

4. No.

muscleboundlaw
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Re: Quick Question about a couple of jurisdiction scenarios

Postby muscleboundlaw » Tue Dec 05, 2017 5:19 pm

That answers it!

So a scenario where it’s Mex v. France perm resident Illinois and Mexico wouldn’t work, correct?

It would work if we made the France perm resident into a plain resident of Illinois though.

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landshoes
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Re: Quick Question about a couple of jurisdiction scenarios

Postby landshoes » Tue Dec 05, 2017 5:29 pm

The relevant unit of analysis is state citizenship (and domicile), not "residency"

State citizenship = domicile in a US state + US citizen

So, where are these parties domiciled? Are they US citizens?

Likewise with the corporation --- you don't know the domicile rules well enough.

Back up and review domicile and then try this question again.

muscleboundlaw
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Re: Quick Question about a couple of jurisdiction scenarios

Postby muscleboundlaw » Tue Dec 05, 2017 6:00 pm

landshoes wrote:The relevant unit of analysis is state citizenship (and domicile), not "residency"

State citizenship = domicile in a US state + US citizen

So, where are these parties domiciled? Are they US citizens?

Likewise with the corporation --- you don't know the domicile rules well enough.

Back up and review domicile and then try this question again.



In my scenario, the assumption is state citizenship for those that just have a state symbol, "domicile" in the US/ state for a State that has a corp label, When I say France (perm Res Tx) I mean they are a foreign citizen with permanent resident status in Tx.

Outside of that, any foreign label is just a foreign citizen.

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pancakes3
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Re: Quick Question about a couple of jurisdiction scenarios

Postby pancakes3 » Tue Dec 05, 2017 6:07 pm

drop "permanent resident" from your analysis.

stick to saying "citizen of [state]" and "domiciled in... [state]"

cavalier1138
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Re: Quick Question about a couple of jurisdiction scenarios

Postby cavalier1138 » Tue Dec 05, 2017 9:25 pm

pancakes3 wrote:drop "permanent resident" from your analysis.

stick to saying "citizen of [state]" and "domiciled in... [state]"


This is much more correct than what I posted. I rushed my answer and used the shorthand "permanent residence" to stand in for domicile because I assumed the OP meant that. Which was a bad assumption.




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