Civ Pro Question Forum

[2009 Prospective]

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?

[jp0094]

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]

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.