Also known as:diversity jurisdiction · diversity SMJ · 28 U.S.C. § 1332
Written by attorneys — see sources below.
A statutory grant of federal subject-matter jurisdiction over civil actions between citizens of different states or between a citizen of a state and a citizen or subject of a foreign state when the amount in controversy exceeds seventy-five thousand dollars exclusive of interest and costs.
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How its tested
Common Examples
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Partnership Citizenship Determination
Devon Drake, a citizen of State A, sued a limited partnership whose general partner resides in State A and whose limited partners reside in States B and C. The court examined the citizenship of every partner to decide whether complete diversity existed between the parties.
State Law Application in Diversity
Diana Delgado sued a State B corporation in federal court under diversity jurisdiction for breach of a publishing contract. The court applied State A tort-damage standards to the state-law claim while exercising its diversity authority.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
William Gasperini, a journalist and photographer who had taken over 5,000 slide transparencies while reporting in Central America, agreed in 1990 to supply 300 of his original color transparencies to The Center for Humanities, Inc., for use in an educational videotape titled Conflict in Central America. After the project concluded, the Center could not locate or return the transparencies, prompting Gasperini to pursue legal remedies for their loss.
Gasperini, a California citizen, sued the Center, a New York corporation with its principal place of business in New York, in the United States District Court for the Southern District of New York. He invoked diversity jurisdiction under 28 U.S.C. § 1332 and alleged state-law claims for breach of contract, conversion, and negligence. The Center conceded liability, so the case proceeded to trial solely on damages.
At the three-day jury trial, Gasperini's expert testified that the industry standard valued each lost transparency at $1,500 as the average license fee over the photographer's copyright term. Gasperini testified that his photography earnings from 1984 through 1993 totaled just over $10,000 and that he planned to publish a book of his best Central American photographs. The jury returned a verdict of $450,000, or $1,500 for each of the 300 slides.
The Center moved for a new trial under Federal Rule of Civil Procedure 59, invoking both the federal standard and New York Civil Practice Law and Rules § 5501(c). The District Court denied the motion without comment. The Court of Appeals for the Second Circuit vacated the judgment after applying the New York deviates-materially standard itself.
The Second Circuit surveyed Appellate Division decisions on similar awards and concluded that the verdict materially deviated from reasonable compensation because many slides were generic and Gasperini had limited earnings. It ordered a new trial unless Gasperini accepted a reduction to $100,000. The Supreme Court granted certiorari to resolve the conflict over the proper standard.
Darrell Duncan brought a negligence action against a State C railroad in federal court based on diversity. The court followed State A substantive law on the duty of care rather than any general federal common law.
Erie R. Co. v. Tompkins326 U.S. at 101, 110–11
Harry Tompkins, a citizen of Pennsylvania, was injured on a dark night by a passing freight train of the Erie Railroad Company while walking along its right of way at Hughestown in that State. He claimed that the accident occurred through negligence in the operation or maintenance of the train. He also claimed that he was rightfully on the premises as a licensee because he was on a commonly used beaten footpath which ran for a short distance alongside the tracks. To enforce that claim he brought an action in the federal court for southern New York, which had jurisdiction because the company is a corporation of that State.
The Erie Railroad Company denied liability, and the case was tried by a jury. The railroad insisted that its duty to Tompkins was no greater than that owed to a trespasser. It contended that under the law of Pennsylvania, as declared by its highest court, persons who use pathways along the railroad right of way are to be deemed trespassers. The railroad further contended that it is not liable for injuries to undiscovered trespassers resulting from its negligence unless the conduct is wanton or wilful.
Tompkins denied that any such rule had been established by the decisions of the Pennsylvania courts. He contended that since there was no statute of the State on the subject, the railroad's duty and liability is to be determined in federal courts as a matter of general law. The trial judge refused to rule that Pennsylvania law precluded recovery. The jury brought in a verdict of $30,000, and the judgment entered thereon was affirmed by the Circuit Court of Appeals.
The Erie had contended that application of the Pennsylvania rule was required by section 34 of the Federal Judiciary Act of September 24, 1789. Because of the importance of the question whether the federal court was free to disregard the alleged rule of the Pennsylvania common law, the Supreme Court granted certiorari.
David Dawson sued a State D bank in diversity for recovery on a note. The court applied the state statute of limitations because it would determine the outcome of the litigation.
Guaranty Trust Co. v. York[326 U.S.] at 110
In May 1930 the Van Sweringen Corporation issued $30,000,000 in notes under an indenture naming Guaranty Trust Co. of New York as trustee with power to enforce noteholders' rights. In October 1930 Guaranty and other banks advanced large sums to companies affiliated with the Corporation and controlled by the Van Sweringens. When the Corporation could not meet its obligations, Guaranty participated in an exchange plan under which noteholders could surrender their notes for cash equal to 50 percent of face value plus twenty shares of Van Sweringen stock per $1,000 note; the offer remained open until December 15, 1931.
In 1934 respondent York received $6,000 of the notes as a gift from a donor who had not accepted the exchange offer. In April 1940 three accepting noteholders filed the Hackner suit in federal court charging Guaranty with fraud and misrepresentation in connection with the exchange. York's motion to intervene was denied, and summary judgment for Guaranty was affirmed on appeal.
On January 22, 1942, after her exclusion from the Hackner litigation, York filed the present class action in the United States District Court for the Southern District of New York on behalf of non-accepting noteholders. The complaint, resting exclusively on diversity of citizenship, alleged that Guaranty had breached its trust by failing to protect noteholders' interests when it assented to the exchange offer and by failing to disclose its own self-interest.
The district court granted Guaranty's motion for summary judgment on the authority of the Hackner decision. The Circuit Court of Appeals reversed, holding that a federal court sitting in equity is not required to apply the New York statute of limitations that would govern an identical suit in the New York state courts. The Supreme Court granted certiorari.
Dwight Dorsey removed a contract dispute to federal court under diversity jurisdiction. The court applied a federal appellate rule on bond requirements instead of the conflicting state rule.
Burlington Northern Railroad Co. v. Woods480 U.S. 1, 4–5 (1987)
Respondents brought this tort action in Alabama state court to recover damages for injuries sustained in a motorcycle accident. Petitioner removed the case to a Federal District Court having diversity jurisdiction. A jury trial resulted in a judgment of $800,000 for respondent Alan Woods and $5,000 for respondent Cara Woods.
Petitioner posted bond to stay the judgment pending appeal, and the Court of Appeals affirmed without modification. 768 F.2d 1287 (CA11 1985).
Respondents then moved in the Court of Appeals, pursuant to Ala. Code § 12-22-72 (1986), for imposition of that State’s mandatory affirmance penalty of 10% of the amount of judgment. Petitioner challenged the application of this statute as violative of the equal protection and due process guarantees of the Fourteenth Amendment and as “a procedural rule . . . inapplicable in federal court under the doctrine of Erie Railroad Co. v. Tompkins, 304 U. S. 64 (1938) and its progeny.” The Court of Appeals summarily granted respondents’ motion to assess the penalty and subsequently denied a petition for rehearing. The parties have stipulated that the final judgment has been paid, except for the $30,500 statutory affirmance penalty, which petitioner has withheld pending proceedings in this Court.
The Supreme Court granted certiorari to consider the equal protection and due process challenges as well as the Erie claim. 475 U. S. 1080 (1986).
Dustin Donovan sued a State E corporation in a State F federal court under diversity jurisdiction despite a contractual forum-selection clause designating State E courts. The court enforced the clause as a procedural matter under federal law.
Stewart Organization, Inc. v. Ricoh Corp.487 U.S. 22, 29 (1988)
Stewart Organization, Inc., an Alabama corporation, entered into a dealership agreement with Ricoh Corporation, a nationwide manufacturer whose principal place of business is in New Jersey, obligating Stewart to market Ricoh copier products.
The agreement contained a forum-selection clause stating that any appropriate state or federal district court located in the Borough of Manhattan, New York City, New York, shall have exclusive jurisdiction over any case or controversy arising under or in connection with the agreement.
Business relations between the parties soured, and in September 1984 Stewart filed a complaint in the United States District Court for the Northern District of Alabama alleging breach of the dealership agreement together with claims for breach of warranty, fraud, and antitrust violations.
Relying on the forum-selection clause, Ricoh moved the district court to transfer the case to the Southern District of New York under 28 U.S.C. § 1404(a) or to dismiss for improper venue under 28 U.S.C. § 1406; the district court denied the motion after concluding that Alabama law governed and disfavored enforcement of such clauses, then certified its ruling for interlocutory appeal under 28 U.S.C. § 1292(b).
A divided Eleventh Circuit panel reversed, holding that federal law governs venue questions in diversity actions and that the clause is enforceable; after rehearing en banc the full court adopted the panel result and reasoning, and the Supreme Court granted certiorari.
How is citizenship determined for a partnership in a diversity case?
The citizenship of every partner must be considered. A partnership is a citizen of every state in which any of its partners is a citizen.
Supporting sources
What happens to diversity jurisdiction when a direct action is brought against a liability insurer?
The insurer is deemed a citizen of the same states as its insured. Complete diversity is destroyed if the plaintiff and the insured share citizenship.
Supporting sources
May class members aggregate their claims to satisfy the amount-in-controversy requirement?
Separate and distinct claims of class members cannot be aggregated. At least one class representative must individually satisfy the jurisdictional amount.
Supporting sources
304 U.S. 64, 78–80 (1938)
…an Argument for or against Abolishing Diversity of Citizenship Jurisdiction (1932) 18 A.B.A.J. 809; Ball, Revision of Federal Diversity Jurisdiction (1933) 28 Ill. L. Rev. 356, 362-64; Fordham, Swift v. Tyson and the Construction of State Statutes (1935) 41 W. Va. L.Q. 131. : Compare Mr. Justice Miller in Gelpcke v. City of…