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· 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 CourtListener

Sourced 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.