April 4, 2020

Mas v. Perry | Case Brief Law Students - US Court of Appeals for the Fifth Circuit - 489 F.2d 1396 (1974)

FACTS: Mr. and Mrs. Mas were not residents of LA when they were married. They subsequently moved out of LA and then moved back. They discovered their apartment had a two way mirror and that is what the suit is arising from. Defendant claims no diversity jurisdiction.

HISTORY: District court denied oral motion to dismiss ISSUE: Did appellees prove diversity of citizenship?


RATIONALE: Determination of one's State citizenship for diversity purposes is controlled by federal law.

 - citizenship means domicile and not mere residence in the State

- domicile is "his true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom..."

- a woman does not have her domicile changed solely by marriage

- since the couple were students her original domicile remains in Mississippi since she had no intention to stay in LA 

NOTE: If the award is less than the federal jurisdiction minimum then it is OK as long as the initial Plaintiff request is for more than the minimum.