Gordon v. Steele
376 F. Supp. 575 · District Court, W.D. Pennsylvania · 1974
Facts
Susan Gordon, a Pennsylvania citizen, enrolled in Ricks College in Rexburg, Idaho, at age 18, renting an apartment and expressing intent not to return to Pennsylvania. She filed a malpractice suit against Pennsylvania defendants, who moved to dismiss for lack of diversity jurisdiction, arguing she remained a Pennsylvania resident despite her move to Idaho.
Issue
Did the plaintiff, an 18-year-old college student, establish a new domicile in Idaho for diversity jurisdiction purposes, despite maintaining some ties to her former Pennsylvania residence?
Holding
Yes, the court denied the motion to dismiss, finding that the plaintiff had established a new domicile in Idaho for diversity jurisdiction.
Rule
To establish a new domicile for diversity jurisdiction, a person must demonstrate physical residency in the new state coupled with an intent to remain there indefinitely, not necessarily permanently, and the possibility of eventually moving elsewhere does not defeat this intent.
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