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· 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 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.