Case Brief Civ Pro unit B1b 1 17 15 Identity of Case Gordon v Steele 376 F Supp 575 W D Pa 1974 Page 42 of the casebook Summary of Facts Procedural History Gordon whose parents live in Pennsylvania but who is also a college student living in Ohio sues her doctors based in Pennsylvania for medical malpractice in Federal court Defendant motions for dismissal due to lack of jurisdiction claiming Gordon is a Pennsylvania resident no diversity jurisdiction TC rules that Gordon is a citizen of Ohio for the purposes of diversity jurisdiction Statement of the Issue Whether a college student who does not intend to return to her parent s house has acquired a new domicile for the purposes of diversity jurisdiction Holding Under the domicile test a person acquires a new domicile when they leave their old one establish a place of residence where they intend to live indefinitely and have no intention of returning to the old domicile to live note some jurisdictions indefinitely is replaced with permanently Reasoning Court listened to arguments on both sides but the intent is what makes it a domicile Plaintiff has a very easy argument Evaluation Low standard for getting into court
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