· 10/7/1998
George Linardos v. Edmund Fortuna, Joan Fortuna and Susan Joan Linardos
Citations
- 157 F.3d 945
- 1998 U.S. App. LEXIS 24694
- 1998 WL 695222
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that it is “hornbook law” that federal diversity jurisdiction is examined at the time the action was commenced
- effecting a change in domicile requires residence in a new domicile and the intention to remain there indefinitely
- establishing domicile in a new state requires an “the intention to remain there.”
- plaintiff bears the burden of establishing that diversity jurisdiction existed at the time the action was commenced
- plaintiff bears the burden of establishing that diversity jurisdiction existed at the time the action was commenced
- federal court does not have jurisdiction if diversity did not exist at time action was filed
Source: CourtListener parenthetical corpus (CC0).
Judges: Feinberg, Kearse, Johnson
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.