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Randazzo v. Eagle-Picher Industries,
Inc.
117 F.R.D. 557 (1987)
Facts: P sued some corporations
for his injuries caused by asbestos. In his complaint, P failed
to list place of incorporation or principal place of business for
some of the corporations. P's amended compalint also failed to
provide this information.
Issue: Did the federal court
have subject matter jurisdiction based on diversity where the
plaintiff fails to provide the place of incorporation or
principal place of business of the corporate defendants?
Holding: No
Rationale: A corporation has
dual citizenship. For diversity purposes, a corporation is a
resident of the place of its incorporation and
the place where it has it's principal business. Both
of these places must be diverse from the plaintiff's residency in
order to establish diversity jurisdiction. In this case, the
plaintiff failed to provide sufficient information to establish
subject matter jurisdiction.
Example: Lets assume that Yahoo Inc. is
incorprated in Delaware and it has its principal place on
business in California. A plaintiff from Delaware or from
California cannot sue Yahoo in a federal court
based on diversity jurisdiction.
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