· 8/16/2006
McCann v. George W. Newman Irrevocable Trust
Citations
- 458 F.3d 281
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the standard for showing state citizenship is preponderance of the evidence
- reiterating that “[t]he party asserting diversity jurisdiction bears the burden of proof.”
- reiterating that “[t]he party asserting diversity jurisdiction bears the burden of proof.”
- rejecting clear and convincing standard and adopting preponder- ance of evidence standard in determining domicile for personal jurisdiction
- first citing McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189 (1936), then citing Samuel– Bassett v. KIA Motors Am., Inc., 357 F.3d 392, 396 (3d Cir. 2004)
- to change domicile, an individual must “take up residence at the new domicile”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Nygaard, Alarcón
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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