McBride v. Karumanchi
United States District Court for the Middle District of Alabama
2015 WL 4132974 (2015)
Courtney McBride (plaintiff) developed a rare skin disease after treatment at a county hospital and sued the treating physician, Dr. Karumanchi (defendant), and others in federal court in Alabama, invoking diversity, federal-question, and supplemental jurisdiction. After other defendants were dismissed, Dr. Karumanchi -- an Alabama citizen -- argued the court lacked diversity jurisdiction because McBride was also domiciled in Alabama when she filed suit, while McBride claimed she was domiciled in Florida.
Whether citizenship or domicile for purposes of diversity-of-citizenship jurisdiction is determined by a party's physical presence and mental intent to remain within a state at the time the action is filed.