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Author Topic: Diversity Question  (Read 1018 times)

yale05

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Diversity Question
« on: January 28, 2006, 06:02:33 PM »

 A guy from NY sues two guys from NJ for more than 75,000 in damages in a tort suit. Does this qualify as diversity?

Bobo

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Re: Diversity Question
« Reply #1 on: January 28, 2006, 07:08:35 PM »
It would if they live in separate states.  However, P would have to be seeking $75K from each D.  In other words, you wouldn't be able to sue them for $40K each for a total of $80K, that would not meet the amount in controvery requirement for purposes of 1332 diversity jurisdiction.

J D

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Re: Diversity Question
« Reply #2 on: January 28, 2006, 09:13:33 PM »
Another thing to remember is that "citizenship" for diversity purposes doesn't necessarily mean the same thing as residence.  The courts have interpreted it as referring to the location of one's "domicile," i.e., the place you have the intention of being indefinitely (not necessarily permanently, just for the foreseeable future), and to which you have the intention to return when/if you are ever away.  For example, your "guys from NJ" might not have their domicile in NJ, if they don't intend to remain in NJ indefinitely; suppose they're 1st-year PhD candidates and will be living in NJ for 5-7 years.  They still wouldn't be citizens for diversity purposes, if they intended to go to some other state once they were done with their studies. 

Also remember that complete diversity of citizenship must exist on both sides, i.e., no party on one side can have the same state of citizenship as any party on the other side.
"I never think of the future.  It comes soon enough."--Albert Einstein

solotobe

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Re: Diversity Question
« Reply #3 on: January 30, 2006, 07:36:37 PM »
You people make this too difficult.

First, you have diversity of citizenship. Each Plaintiff must be completely diverse from each Defendant. Here, you have that. The Plaintiff from NY is completely diverse from the two defendants from NJ.

Second, this hypo DOES NOT SATISFY the amount in controversy requirement. IT MUST BE OVER $75,000. You need to read the rules closely.

slacker

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Re: Diversity Question
« Reply #4 on: January 31, 2006, 11:19:28 AM »
If you're suing both for $75,000 for one claim under joint and several liability, it doesn't matter what the portion given to each defendent is. It does matter, as stated, that the amount be > $75,000.

Bobo

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Re: Diversity Question
« Reply #5 on: January 31, 2006, 11:47:34 AM »
In addition to joint and several liability, you can also aggregate claims when there is a “single title or right” and “common and undivided interest”.

emarejay

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Re: Diversity Question
« Reply #6 on: February 02, 2006, 10:45:51 PM »
Im just realizing how much more difficult Civ Pro I would have been if I had already learned Civ Pro II.

Stroopwafel

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Re: Diversity Question
« Reply #7 on: February 07, 2006, 03:12:10 AM »
In addition to joint and several liability, you can also aggregate claims when there is a “single title or right” and “common and undivided interest”.

or stemming from a common nucleus of operative fact. Then you can aggregate the claims.

Or something like that. I'm looking at the screen of the girl in front of me and her hair is covering up the rest.
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