Also known as:full diversity jurisdiction · complete diversity · complete diversity jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A requirement for federal diversity jurisdiction that no plaintiff shares citizenship with any defendant. Complete diversity must exist between all opposing parties for a federal court to exercise jurisdiction under 28 U.S.C. § 1332.
Sources & Authorities
How it applies
Common Examples
2
Supplemental Claim Preserves Complete Diversity
Fabian Flynn, a citizen of State A, sued Fulton Shipping, a corporation with citizenship in State B, for losses exceeding $100,000 arising from a delayed cargo shipment. Francesca Fiore, also a citizen of State A, joined the suit with a related claim for $40,000 stemming from the same shipment delay. Because complete diversity already existed between Flynn and Fulton Shipping, the court exercised supplemental jurisdiction over Fiore's claim without violating the full diversity requirement.
Partnership Citizenship Destroys Full Diversity
Forrest Falconer, a citizen of State A, filed suit against Flagship Logistics, a partnership whose members included citizens of State A. Falconer alleged breach of a shipping contract and sought damages above the jurisdictional threshold. Because one partner shared citizenship with the plaintiff, the court found that full diversity was absent and dismissed the action for lack of subject-matter jurisdiction.
Put it into practice
Test Yourself
5
Practice Essays5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Course Outlines
Romero v. International Terminal Operating Co.358 U.S. 354, 382-383, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959)
Common questions
Frequently Asked
3
How does full diversity differ from minimal diversity?+
Full diversity requires that no plaintiff and defendant share citizenship. Minimal diversity requires only that at least one plaintiff and one defendant be citizens of different states, as permitted under statutes such as the Multiparty, Multiforum Trial Jurisdiction Act.
Supporting sources
Does supplemental jurisdiction allow a court to hear claims that would destroy full diversity?+
No. Supplemental jurisdiction under 28 U.S.C. § 1367 cannot be used to defeat the complete diversity requirement. If adding a claim or party would place opposing parties on the same side of the citizenship ledger, jurisdiction fails.
Supporting sources
How is citizenship determined for an unincorporated association in assessing full diversity?+
An unincorporated association such as a partnership or LLC takes on the citizenship of each of its members. If any member shares citizenship with an opposing party, complete diversity does not exist.
Supporting sources
Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdiction (federal question, diversity, supplemental, and removal)UBEIntermediate