4. The party invoking diversity jurisdiction has the burden of proving its existence. What factors ought the
Question:
4. The party invoking diversity jurisdiction has the burden of proving its existence. What factors ought the court to consider in assessing whether plaintiff and defendant are citizens of different states? The inquiry’s fact-intensive nature is illustrated by CONNECTU LLC v.
ZUCKERBERG, 482 F.Supp.2d 3 (D. Mass. 2007), reversed by 522 F.3d 82 (1st Cir. 2008), involving the citizenship of Mark Zuckerberg, the founder of Facebook. The evidence showed that Zuckerberg was born in New York, graduated from a high school in New Hampshire, attended college in Massachusetts, and lived in California the summer after his sophomore year. After taking a leave of absence from college, defendant returned to California, where his company was incorporated. He continued to use his parents’ New York address as a permanent residence. On these facts, how would you decide where defendant resided and whether he intended to change his residence?
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff