· 7/23/2014
Gary Reece v. Bank of New York Mellon
Citations
- 760 F.3d 771
- 2014 WL 3714782
- 2014 U.S. App. LEXIS 13958
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “it is simply incorrect to say . . . residency establishes . . . citizenship for the purpose of diversity jurisdiction”
- explaining that use of the verb “to reside” is sufficient to establish citizenship within the state in which the party is said to reside
- noting that the term “resident” fails to establish federal diversity jurisdiction as opposed to the terms “citizen” or “reside”
- finding that the court “cannot satisfy ourselves that diversity jurisdiction is proper based solely on an allegation a party is (or was) a ‘resident’ of a particular state.”
- explaining that, because of “ambiguity” in the word resident, a court cannot determine that “diversity jurisdiction is proper based solely on an allegation a party is (or was) a ‘resident’ of a particular state”
- explaining that, because of “ambiguity” in the word resident, a court cannot determine that “diversity jurisdiction is proper based solely on an allegation a party is (or was) a ‘resident’ of a particular state”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Wollman, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.