• Court is Unable to Determine Diversity Jurisdiction where Plaintiff Fails to Allege Defendant’s State of Incorporation and Principal Place of Business.
  • November 1, 2018 | Author: Brook T. Dirlam
  • Law Firm: Thomas, Thomas & Hafer LLP - Pittsburgh Office
  • Background

    Plaintiff filed a state-law negligence claim against Defendant in the Eastern District of Pennsylvania based on diversity jurisdiction. To establish diversity jurisdiction, the matter in controversy must exceed $75,000 and must be between a citizen of one state and citizens or subjects of a foreign state. A corporation’s citizenship is in every state in which it is incorporated, and the location of its principal place of business. Plaintiff, a Pennsylvania citizen, alleged that Defendant was incorporated in Delaware, but failed to allege Defendant’s principal place of business. Moreover, in the Civil Cover Sheet, Plaintiff selected the box that Defendant “is either incorporated in or has its principal place of business in the Commonwealth of Pennsylvania.”

    Holding

    Unless Plaintiff could establish in an amended complaint, that Defendant had its principal place of business outside of Pennsylvania, the Court noted that it would dismiss the Complaint. Plaintiff voluntarily withdrew the complaint.