Also known as: diversity of citizenship requirement · diversity-of-citizenship · diversity of citizenship · diversity jurisdiction requirement · § 1332 requirement
Written by attorneys · grounded in primary & secondary sources — see below
A statutory condition for invoking federal diversity jurisdiction under 28 U.S.C. § 1332 requiring that the parties be citizens of different states. The condition is measured at the time the suit is instituted. Subsequent changes in citizenship after filing do not defeat jurisdiction once it has properly attached.
Demetrius Douglas, a citizen of State A, sues Daniel Diaz, a citizen of State B, in federal court on a state-law contract claim exceeding $75,000. Diversity exists when the complaint is filed. Diaz later moves to State A. The court retains jurisdiction because the requirement is assessed only at institution of suit.
Destiny Davis, a citizen of State C, files a negligence action against Derek Douglas, a citizen of State D, in federal district court. The complaint alleges complete diversity and an amount exceeding $75,000. Proper service occurs under federal rules. The diversity-of-citizenship requirement is satisfied at filing regardless of later procedural disputes.
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Dylan Duffy, a citizen of State E, sues Darrell Duncan, a citizen of State F, in federal court after a grade-crossing accident. The complaint rests on diversity jurisdiction. The parties complete discovery on negligence issues. The diversity-of-citizenship requirement supplies the sole basis for federal adjudication of the state-law claims.
Dynamic Solutions, a citizen of State G, sues Davenport Pharmaceuticals, a citizen of State H, for negligence causing workplace injury. The action proceeds in federal court solely because of diversity of citizenship. The amount in controversy exceeds $75,000. The diversity requirement permits the federal court to apply federal procedural rules to the jury trial.
Decker Electronics, a citizen of State I, files a diversity action against a state entity in federal court. The complaint satisfies the amount-in-controversy threshold and alleges complete diversity. The diversity-of-citizenship requirement cannot overcome Eleventh Amendment limits on federal judicial power.
Dillon Energy, a citizen of State J, sues a citizen of State K in federal court seeking equitable relief on a contract claim exceeding $75,000. Complete diversity exists at filing. The diversity-of-citizenship requirement allows the federal court to hear the action even though state law supplies the rule of decision.
The requirement is measured at the time the suit is instituted. It need not exist when the cause of action arose and is not defeated by post-filing changes in citizenship.
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An LLC is a citizen of every state of which its members are citizens. Citizenship must be traced through every tier of membership because LLCs lack the fixed citizenship rules that apply to corporations.
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Yes. Subject-matter jurisdiction may be examined at any time. If complete diversity is lacking, the court must dismiss even after discovery and trial because the defect existed from the outset.
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Any ownership interest triggers full attribution of the fund's members' citizenship through every tier. Overlapping state citizenship on both sides destroys complete diversity regardless of the minority character of the interest.
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Yes. In a direct action against a liability insurer where the insured is not joined, the insurer is deemed a citizen of every state of which the insured is a citizen, which can destroy complete diversity.
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…granted certiorari. First. Swift v. Tyson , 16 Pet. 1, 18, held that federal courts exercising jurisdiction on the ground of diversity of citizenship need not, in matters of general jurisprudence, apply the unwritten law of the State as declared by its highest court; that they are free to exercise an independent judgment as to what the…