Determining Diversity

Cannot be waived!!

Does at least one

side
consist solely of
Yes countries
foreign or
citizens of
foreign countries?

No
For diversity
Alien purposes, corp.
Yes
Jurisdiction is
Yes  § 1332 –
Is the suit Is a corporation a deemed citizen
Permanent
between a aliens are party? of:
Incorporation
citizen of a citizens of the 1. State of
2. Place of
state on one state in which No principal
they’re
side, and a domiciled business
foreign country

No Is an unincorporated Yes
i.e. only entity a party? For diversity
foreigners purposes, an
unincorporated
entity is deemed
No to
There is be a citizen of
every state
NO
where
its members
diversity are
jurisdictio Is diversity complete? citizens
No Plaintiff is a citizen of
the same state as any
Yes Defendant.
No

Does the amount

in controversy
exceed $75,000 as There is
made in good faith No NO
by Plaintiff? § 1332 diversity
(a) jurisdictio
There is
NO
diversity
jurisdictio
There IS
diversity
jurisdiction