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· 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 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.