Tuesday, December 17, 2019

All Opposing Parties Must Be Citizens Of Different States...

All opposing parties must be citizens of different states to allow for removal to federal court. 28 U.S.C  §1332(a)(1) (2016). In Strawbridge v. Curtiss, the court held that there must be complete diversity. Strawbridge V. Curtiss, 7 U.S. 267, 267 (1806). The court stated there is complete diversity only when all the persons on one side of the controversy are citizens of different states from all persons on the opposing side. Id. To remove, there must be proof of complete diversity of the parties. If International Life finds that one party shares citizenship with an opposing party, it cannot remove under 28 U.S.C  §1332. In a similar case, Mas v. Perry, the court ruled that state citizenship is dependent on the individual’s domicile†¦show more content†¦Additionally, her husband was domiciled in California, and marriage caused no change in domiciliary. There are no facts that suggest an alternative ruling is proper. Similarly, Maloney has worked in Oakland for several decades as a senior sales person for International Life. Maloney owns property in Oakland and plans to vote in the November elections. He has no present intention to sell his home. But, he occasionally visits corporate headquarters, but always returns to Oakland. As ruled in Mas, domicile is determined by Maloney’s true and fixed home and his intention to return. Mas v. Perry, 489 F.2d at 1400. The evidence indicates he always intends to return to his home. Additionally, the longevity of his employment suggests an attachment to the area. It is probable that the court will hold that Malone is domiciled in California. International Life must demonstrate that it is a citizen of Delaware and Connecticut, not California. According to 28 U.S.C.  §1332(c)(1), a corporation is a citizen of every state where it is incorporated and where its principal place of business is. 28 U.S.C.  §1332 (c)(1) (2016). In Hertz Corp. v. Friend, the court clarified that a corporation’s principal place of business is the â€Å"nerve center.† Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010). The nerve center is where a corporation’s officers direct, control, and coordinate the corporation’s activities. Id. This is where the corporation maintains itsShow MoreRelatedBlotter System9115 Words   |  37 Pagesterm for a  village,  district  or  ward. It is the smallest local government unit in the Philippines that is governed from the Barangay hall by the Barangay officials. The Barangay hall serves as the shoulder that citizens can lean on in terms of some problems, misunderstanding , conflicts with their kabarangays and other help that they need. The hall is where the Barangay officials manages all the things with regards to their Barangay that’s why it should have a good and well manage Justice System. A good

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