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· 4/24/2014

Middleton Ex Rel. National Financial Systems Management, Inc. v. Stephenson

Citations

  • 749 F.3d 1197
  • 57 Employee Benefits Cas. (BNA) 2859
  • 2014 WL 1622927
  • 2014 U.S. App. LEXIS 7682

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that citizenship, or domicile, exists only when residence is coupled with an intention to remain in the state indefinitely
  • holding that a district court should consider the “totality of the circumstances”
  • stating that a person acquires domicile, and thus citizenship, when they reside in a state and intend to remain there
  • stating that courts should “consider the totality of the circumstances” to determine a party’s domicile
  • indicating that domicile and citizenship findings are reviewed for clear error
  • noting “that a party invoking diversity jurisdiction bears the burden of proving its existence by a preponderance of the evidence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Holloway, Kelly, Phillips

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.