Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Grupo Dataflux v. Atlas Global Group, L.P.

Docket No.: 02-1689
Certiorari Granted: Oct 14 2003
Argued: March 3, 2004
Decided: May 17, 2004

Topics:

28 U.S.C. 1332, Judicial Power, Jurisdiction of Federal Courts, Article I, Civil Procedure, Internal Revenue Code

PartyNames: Grupo Dataflux v. Atlas Global Group, L.P., et al.
Petitioner: Grupo Dataflux
Respondent: Atlas Global Group, L.P., et al.

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: CA 5, 312 F.3d 168. QUESTIONS PRESENTED: I. Did the court of appeals err by creating a new exception to thelongstanding rule that diversity jurisdiction must be determined based on a party's citizenship and circumstances as they existed at the time suit wasfiled?
Supreme Court Docket

Grupo Dataflux
v.
Atlas Global Group, L.P., et al.
541 U.S. 567 (2004)
Question Presented:

: I. Did the court of appeals err by creating a new exception to thelongstanding rule that diversity jurisdiction must be determined based on a party's citizenship and circumstances as they existed at the time suit wasfiled? 2. Did the court of appeals err by allowing a unilateral change in a party's citizenship during the course of litigation to create diversity jurisdiction thatdid not exist at the time suit was filed? CERT. GRANTED: 10/14/03

Question:

If a suit is filed in federal court without the diversity necessary to establish jurisdiction, but the citizenship of one of the parties changes before the case begins so that diversity is present, should the court ignore the filing error?

Note:

. CA 5, 312 F.3d 168.

Grupo Dataflux v. Atlas Global Group, L.P.
ORAL ARGUMENT

March 3, 2004

Holding: reversed
Decision: Decision: 5 votes for Grupo Dataflux, 4 vote(s) against
Vote: 5-4
Opinion By: Justice Antonin Scalia
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)