Adventures in Diversity Jurisdiction

FHL, INC. v. Walker, Dist. Court, MD Alabama 2014 – Google Scholar.

Diversity jurisdiction depends on the citizenship of the parties, not their residences, office addresses or where they conduct business. Although this issue is taught in law school, experienced lawyers sometimes forget to allege the citizenship of the various parties. I will admit that I have even made this mistake in my career. Here the district judge was merciful and allowed the plaintiff to amend the complaint to allege citizenship, not residency or an office address. As the court correctly noted, residency is not enough. Citizenship is the same as domicile.

It is remarkable how many cases are dismissed every year by the federal courts for lack of diversity jurisdiction. You would think we lawyers would have learned by now.

Edward X. Clinton, Jr.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s