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Civ Pro Question

Posted: Sun May 09, 2010 4:53 pm
by 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?

Re: Civ Pro Question

Posted: Sun May 09, 2010 4:56 pm
by 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)

Re: Civ Pro Question

Posted: Sun May 09, 2010 5:06 pm
by 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.