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Anastasi v. Anastasi

United States District Court for the District of New Jersey
544 F. Supp. 866 (1982)


Jeanne Anastasi (plaintiff) filed an action against Joseph Anastasi (defendant), complaining that Joseph had breached his agreement to provide Jeanne with all of her financial needs for the rest of her life. Joseph removed the action to federal district court on the basis of diversity of citizenship. The district court questioned whether the domestic-relations exception applied to the matter. The exception generally excluded cases from federal jurisdiction that involved marriage, divorce, or parent-child issues typically decided by state courts. After a hearing, the court concluded that, under state law, the action was akin to a contract suit rather than a domestic-relations matter and, thus, the domestic-relations exception to federal jurisdiction was not applicable. However, after the New Jersey Supreme Court concluded in Crowe v. DeGioia, 447 A.2d 173 (N.J. 1982), that the state had a significant interest in living relationships established by agreement rather than by formal marriage, the district court asked the parties to show why the action should not be remanded to state court.

Rule of Law


Holding and Reasoning (Debevoise, J.)

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