Also known as:diversity of citizenship requirement · diversity-of-citizenship · diversity of citizenship · diversity jurisdiction requirement · § 1332 requirement
Written by attorneys — see sources below.
A statutory condition for invoking federal diversity jurisdiction under 28 U.S.C. § 1332 requiring that the parties be citizens of different states. The condition is measured at the time the suit is instituted. Subsequent changes in citizenship after filing do not defeat jurisdiction once it has properly attached.
See Our Sources
How its tested
Common Examples
6
Post-Filing Domicile Shift
Demetrius Douglas, a citizen of State A, sues Daniel Diaz, a citizen of State B, in federal court on a state-law contract claim exceeding $75,000. Diversity exists when the complaint is filed. Diaz later moves to State A. The court retains jurisdiction because the requirement is assessed only at institution of suit.
Service and Diversity Filing
Destiny Davis, a citizen of State C, files a negligence action against Derek Douglas, a citizen of State D, in federal district court. The complaint alleges complete diversity and an amount exceeding $75,000. Proper service occurs under federal rules. The diversity-of-citizenship requirement is satisfied at filing regardless of later procedural disputes.
On February 6, 1963, petitioner, a citizen of Ohio, filed her complaint in the District Court for the District of Massachusetts, claiming damages in excess of $10,000 for personal injuries resulting from an automobile accident in South Carolina, allegedly caused by the negligence of one Louise Plumer Osgood, a Massachusetts citizen deceased at the time of the filing of the complaint. Respondent, Mrs. Osgood's executor and also a Massachusetts citizen, was named as defendant.
On February 8, service was made by leaving copies of the summons and the complaint with respondent's wife at his residence, concededly in compliance with Rule 4 (d) (1). Respondent filed his answer on February 26, alleging, inter alia, that the action could not be maintained because it had been brought contrary to and in violation of the provisions of Massachusetts General Laws Chapter 197, Section 9.
On October 17, 1963, the District Court granted respondent's motion for summary judgment. On appeal, the Court of Appeals for the First Circuit affirmed. The Supreme Court granted certiorari because of the threat to the goal of uniformity of federal procedure posed by the decision below.
Dylan Duffy, a citizen of State E, sues Darrell Duncan, a citizen of State F, in federal court after a grade-crossing accident. The complaint rests on diversity jurisdiction. The parties complete discovery on negligence issues. The diversity-of-citizenship requirement supplies the sole basis for federal adjudication of the state-law claims.
Palmer v. Hoffman318 U.S. 109, 117
This case arose out of a grade crossing accident which occurred in Massachusetts on the night of December 25, 1940. Diversity of citizenship brought the suit to the federal District Court in New York. Respondent Hoffman brought several causes of action individually and as administrator of his wife's estate, alleging negligence under a Massachusetts statute and at common law. The trial court submitted three issues to the jury on negligence: failure to ring a bell, to blow a whistle, and to have a light burning in the front of the train. The jury returned a verdict in favor of respondent individually for some $25,000 and in favor of respondent as administrator for $9,000. The District Court entered judgment on the verdict, which the Circuit Court of Appeals affirmed.
On December 27, 1940, the engineer of the train, who died before the trial, made a statement at a freight office of petitioners where he was interviewed by an assistant superintendent of the road and by a representative of the Massachusetts Public Utilities Commission. Petitioners offered this statement in evidence under the Act of June 20, 1936, claiming it was made in the regular course of business. Respondent’s objection to its introduction was sustained by the trial court.
One of respondent’s witnesses testified on cross-examination that he had given a signed statement to one of respondent’s lawyers. Counsel for petitioners asked to see it, but the court ruled that if he inspected the document, respondent could offer the statement in evidence. Counsel declined to inspect the statement and took an exception.
The court charged the jury that petitioners had the burden of proving contributory negligence without distinguishing between the common law and statutory causes of action. Petitioners excepted to the charge and requested an instruction that the burden was on respondent, which was refused. The Supreme Court granted certiorari to review the three points presented by the petition for a writ of certiorari.
Dynamic Solutions, a citizen of State G, sues Davenport Pharmaceuticals, a citizen of State H, for negligence causing workplace injury. The action proceeds in federal court solely because of diversity of citizenship. The amount in controversy exceeds $75,000. The diversity requirement permits the federal court to apply federal procedural rules to the jury trial.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
The petitioner, a resident of North Carolina, sued respondent, a South Carolina corporation, for damages for injuries allegedly caused by the respondent's negligence. He was employed as a lineman in the construction crew of a construction contractor.
Respondent Blue Ridge Rural Electrical Cooperative, Inc., a South Carolina corporation in the business of selling electric power, had contracted with R. H. Bouligny, Inc. for $334,300 to build approximately 24 miles of new power lines, reconvert about 88 miles of existing lines to higher capacities, and construct two new substations and a breaker station. The petitioner was injured while connecting power lines to one of the new substations.
Byrd first recovered full benefits under the South Carolina Workmen's Compensation Law from his direct employer Bouligny. He then filed a negligence action against Blue Ridge in the United States District Court for the Western District of South Carolina under diversity jurisdiction pursuant to 28 U.S.C. § 1332.
At trial Blue Ridge asserted an affirmative defense that Byrd qualified as its statutory employee because the contracted work was part of its trade, business, or occupation. Blue Ridge's manager testified on direct examination that three of its substations had been built by its own construction and maintenance crews. His answers on cross-examination created uncertainty that prompted the trial judge to note he appeared to have changed his testimony. Blue Ridge also introduced evidence that it financed the project with a federal loan, purchased the materials, and maintained an engineering service contract with an independent firm for design and supervision. Its charter under the South Carolina Rural Electric Cooperative Act authorized it to construct generating plants, buildings, and equipment necessary for its operations.
After all evidence was presented the district judge struck the affirmative defense, ruling that Blue Ridge could not be a statutory employer because its crews performed work only for its own use rather than for others. The judge then denied Blue Ridge's motion for a directed verdict and submitted the negligence claim to the jury, which returned a verdict for Byrd in the amount of $126,786.80. The Court of Appeals for the Fourth Circuit reversed, resolved uncertainties in the manager's testimony in Blue Ridge's favor, and directed entry of judgment for Blue Ridge without remanding for further proceedings. Byrd petitioned for certiorari, which the Supreme Court granted. The case had previously been dismissed on the ground that Blue Ridge enjoyed tort immunity as a nonprofit corporation, but the Court of Appeals had reversed that dismissal and remanded for trial. On the present appeal the Court of Appeals did not reach other grounds raised by Blue Ridge because its resolution of the statutory employer issue disposed of the case.
Decker Electronics, a citizen of State I, files a diversity action against a state entity in federal court. The complaint satisfies the amount-in-controversy threshold and alleges complete diversity. The diversity-of-citizenship requirement cannot overcome Eleventh Amendment limits on federal judicial power.
Seminole Tribe of Florida v. Florida517 U.S. 44, 106 (1996)
In 1988 Congress enacted the Indian Gaming Regulatory Act to provide a statutory basis for the operation of gaming by Indian tribes. The Act divides gaming on Indian lands into three classes. Class III gaming includes slot machines, casino games, banking card games, dog racing, and lotteries. Such gaming is lawful only when conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State.
The Act imposes upon the States a duty to negotiate in good faith with an Indian tribe toward the formation of such a compact. It authorizes a tribe to bring suit in federal court against a State in order to compel performance of that duty. The Seminole Tribe of Florida requested that the State of Florida enter into negotiations for a compact governing class III gaming on the Tribe's lands.
When the State refused to negotiate, the Tribe filed suit in September 1991 in the United States District Court for the Northern District of Florida against the State and its Governor, Lawton Chiles. The Tribe invoked jurisdiction under 25 U.S.C. § 2710(d)(7)(A), as well as 28 U.S.C. §§ 1331 and 1362. It alleged that respondents had refused to enter into any negotiation for inclusion of certain gaming activities in a tribal-state compact, thereby violating the requirement of good faith negotiation contained in § 2710(d)(3).
The State moved to dismiss the complaint, arguing that the suit violated the State's sovereign immunity from suit in federal court. The District Court denied the motion. On interlocutory appeal, the Court of Appeals for the Eleventh Circuit reversed. It held that the Eleventh Amendment barred the Tribe's suit against the State and that the doctrine of Ex parte Young did not permit a suit against the Governor to enforce the statutory duty. The Eleventh Circuit remanded with directions to dismiss the suit.
The Supreme Court granted certiorari in 1995 to consider whether the Eleventh Amendment prevents Congress from authorizing suits by Indian tribes against States for prospective injunctive relief to enforce legislation enacted pursuant to the Indian Commerce Clause and whether the Ex parte Young doctrine permits suits against a State's Governor for such relief.
Dillon Energy, a citizen of State J, sues a citizen of State K in federal court seeking equitable relief on a contract claim exceeding $75,000. Complete diversity exists at filing. The diversity-of-citizenship requirement allows the federal court to hear the action even though state law supplies the rule of decision.
Guaranty Trust Co. v. York[326 U.S.] at 110
In May 1930 the Van Sweringen Corporation issued $30,000,000 in notes under an indenture naming Guaranty Trust Co. of New York as trustee with power to enforce noteholders' rights. In October 1930 Guaranty and other banks advanced large sums to companies affiliated with the Corporation and controlled by the Van Sweringens. When the Corporation could not meet its obligations, Guaranty participated in an exchange plan under which noteholders could surrender their notes for cash equal to 50 percent of face value plus twenty shares of Van Sweringen stock per $1,000 note; the offer remained open until December 15, 1931.
In 1934 respondent York received $6,000 of the notes as a gift from a donor who had not accepted the exchange offer. In April 1940 three accepting noteholders filed the Hackner suit in federal court charging Guaranty with fraud and misrepresentation in connection with the exchange. York's motion to intervene was denied, and summary judgment for Guaranty was affirmed on appeal.
On January 22, 1942, after her exclusion from the Hackner litigation, York filed the present class action in the United States District Court for the Southern District of New York on behalf of non-accepting noteholders. The complaint, resting exclusively on diversity of citizenship, alleged that Guaranty had breached its trust by failing to protect noteholders' interests when it assented to the exchange offer and by failing to disclose its own self-interest.
The district court granted Guaranty's motion for summary judgment on the authority of the Hackner decision. The Circuit Court of Appeals reversed, holding that a federal court sitting in equity is not required to apply the New York statute of limitations that would govern an identical suit in the New York state courts. The Supreme Court granted certiorari.
When is the diversity-of-citizenship requirement measured?
The requirement is measured at the time the suit is instituted. It need not exist when the cause of action arose and is not defeated by post-filing changes in citizenship.
Supporting sources
How is citizenship determined for an LLC in a diversity action?
An LLC is a citizen of every state of which its members are citizens. Citizenship must be traced through every tier of membership because LLCs lack the fixed citizenship rules that apply to corporations.
Supporting sources
Does a defect in the diversity-of-citizenship requirement discovered after trial require dismissal?
Yes. Subject-matter jurisdiction may be examined at any time. If complete diversity is lacking, the court must dismiss even after discovery and trial because the defect existed from the outset.
Supporting sources
What happens when a shared investment vehicle creates overlapping citizenship?
Any ownership interest triggers full attribution of the fund's members' citizenship through every tier. Overlapping state citizenship on both sides destroys complete diversity regardless of the minority character of the interest.
Supporting sources
Does the direct-action rule affect the diversity-of-citizenship requirement?
Yes. In a direct action against a liability insurer where the insured is not joined, the insurer is deemed a citizen of every state of which the insured is a citizen, which can destroy complete diversity.
Supporting sources
304 U.S. 64, 78–80 (1938)
…granted certiorari. First. Swift v. Tyson , 16 Pet. 1, 18, held that federal courts exercising jurisdiction on the ground of diversity of citizenship need not, in matters of general jurisprudence, apply the unwritten law of the State as declared by its highest court; that they are free to exercise an independent judgment as to what the…