Saturday, May 17, 2014

Redner v. Sanders case brief summary

Redner v. Sanders (SDNY 2000)Redner is a U.S. citizen from California living in France. Sanders is a U.S. Corporation headquartered and operating in New York.  Redner brings suit claiming federal diversity jurisdiction.
Claims: 1. Citizens of different states (California v. NY) 2. Citizens of a state and citizens or subjects of a foreign state (France v. NY).
Holding: Diversity citizenship does not apply.
Rule: Redner is a resident of France, not a citizen of France. Redner is not a citizen of California because he does not have domicile there; he lacks presence and intent to remain indefinitely. Need to affirmatively show citizenship (saying not citizen of one place not enough). Federal court is a privilege Redner is no longer privy to. (standard for domestic domicile is different for standard of international citizenship; French National in this case)

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