Civil Procedure I
Diversity jurisdiction has two basic requirements:
Diversity jurisdiction is governed by 28 U.S.C. § 1332:
- The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—
- citizens of different States;
- citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State;
- citizens of different States and in which citizens or subjects of a foreign state are additional parties; and
- a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.
If foreigners are on both sides, an American is needed on both sides.
Must have complete diversity at the time of the complaint.
An exception is class actions. If the class action is for over $5 million only a minimal diversity is needed. 28 U.S.C. § 1332(d)(2). This means that only any plaintiff has to be from a different state than any defendant. An exception to this exception is if between one-third and two-thirds of the plaintiffs and the primary defendant are both from the forum state, in which case the court may still deny such a class action. 18 U.S.C. § 1332(d)(2)(3)