InstructorTodd Berman
CaseCast™ – "What you need to know"
Citation2003 U.S. Dist. 11620.
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Brief Fact Summary. Plaintiff Mary Ann Hawkins, brought suit on behalf of the estate of James Creal, who was killed by a tractor driven by the defendant.
Synopsis of Rule of Law. For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is “domiciled.” For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.
Issue. What constitutes sufficient diversity of jurisdiction for bringing an action in Federal court based on diversity jurisdiction?
Held. The Court denied the Plaintiff’s motion to dismiss on the grounds that a person’s domicile is taken from the person’s physical presence in a state coupled with an intention to remain there. Fed R. Civ. P. 12(b)(1) motions for lack of subject matter jurisdiction generally take one of two forms: (1) a facial attack on the sufficiency of the complaint’s allegations as to subject matter jurisdiction; or (2) a challenge to the actual facts upon which subject matter jurisdiction is based. A court reviewing a facial challenge must accept the plaintiff’s factual allegations regarding jurisdiction as true. As the party seeking to invoke Federal jurisdiction, Plaintiffs bear the burden of proving that jurisdiction is proper. For purposes of determining whether diversity jurisdiction exists, a person is a “citizen” of the state in which he or she is “domiciled.” For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.”
Discussion. In holding Kansas as Mr. Creal’s domicile, the court focused on his apparent intention to remain there. Specifically the Court referred to the fact that Mr. Creal had had moved his clothes, some furniture, pictures, photo albums, and other memorabilia into the home he shared with Mrs. Creal and her children; he contributed to household costs; and he purchased a new bedroom set with his wife.