Diversity Jurisdiction Flow Chart 3qd33

Determining Diversity Cannot be waived!! Does at least one side consist solely of countries foreign or citizens of foreign countries?

Yes

No Alien Jurisdiction Is the suit between a citizen of a state on one side, and a foreign country

Yes Yes  § 1332 – Permanent aliens are citizens of the state in which they’re domiciled

Yes

No

There is NO diversity jurisdictio Yes

There IS diversity jurisdiction

No Is an unincorporated entity a party?

No i.e. only foreigners

Does the amount in controversy exceed $75,000 as made in good faith by Plaintiff? § 1332 (a)

Is a corporation a party?

Is diversity complete? No Plaintiff is a citizen of the same state as any Defendant.

No

There is NO diversity jurisdictio

No

There is NO diversity jurisdictio

For diversity purposes, corp. is deemed citizen of: Incorporation 1. State of 2. Place of principal business For diversity purposes, an unincorporated entity is deemed to be a citizen of every state where its are citizens