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Case Law Update: Diversity Jurisdiction

Buchel-Ruegsegger v. Buchel, No. 07-3515 (8/6/09) affirmed that a diversity court lacked diversity jurisdiction to act on lawsuit filed by plaintiff-dual citizen of Switzerland and U.S. against defendant-citizen of U.S. seeking to enforce money judgment entered by Swiss court. Plaintiff could not claim jurisdiction under sec. 1332(a)(2) since only plaintiff’s U.S. citizenship is relevant for assessing jurisdiction where plaintiff is dual citizen. Moreover, plaintiff could not claim jurisdiction under sec. 1332(a)(1) since plaintiff had moved to Switzerland by time of lawsuit and hence was not citizen of any U.S. state. This seventh circuit case will have an effect on all Illinois Federal Courts.

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