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Swiger v. Allegheny Energy, Inc.

540 F.3d 179 (2008)

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Swiger v. Allegheny Energy, Inc.

United States Court of Appeals for the Third Circuit
540 F.3d 179 (2008)

Facts

Clifton G. Swiger (plaintiff), a West Virginia resident, brought several state-law claims against Allegheny Energy, Inc., Allegheny Energy Supply Co., LLC, and Allegheny Energy Services Corp., and Morgan, Lewis & Bockius LLP (Morgan Lewis) (defendants) in the United States District Court for the Eastern District of Pennsylvania. Swiger alleged the court had subject-matter jurisdiction based on diversity jurisdiction. Morgan Lewis was a partnership composed of partners domiciled in Pennsylvania, New York, and California, as well as one partner who was domiciled in the United Kingdom and was a dual citizen of the United States and the United Kingdom. None of the defendants were domiciled in West Virginia. The district court dismissed the case, holding that it did not have diversity jurisdiction because of the Morgan Lewis partner who was an American citizen domiciled abroad.

Rule of Law

Issue

Holding and Reasoning (Tashima, J.)

Concurrence (McKee, J.)

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