Tagger v. Strauss Group, Ltd.

951 F.3d 124 (2020)

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Tagger v. Strauss Group, Ltd.

United States Court of Appeals for the Second Circuit
951 F.3d 124 (2020)

  • Written by Liz Nakamura, JD

Facts

Benjamin Tagger (plaintiff), an Israeli citizen, was a United States permanent resident who resided in New York. Tagger filed common-law tort and contract claims against Strauss Group, Ltd. (Strauss) (defendant), an Israeli corporation, in federal district court, alleging that Strauss had filed false claims against Tagger in Israel and that those false claims had prevented Tagger from leaving Israel. Strauss moved to dismiss for lack of subject-matter jurisdiction. Tagger countered, arguing that the district court had diversity jurisdiction over the action because Strauss was an Israeli corporation and Tagger, by virtue of his permanent residency, could be deemed a New York citizen for diversity purposes. Alternatively, Tagger argued that the 1951 Treaty of Friendship, Commerce and Navigation (the FCN treaty) between the United States and Israel guaranteed Israeli nationals favored treatment and access to United States courts. The district court granted Strauss’s motion to dismiss, holding that there was no diversity of citizenship because both Tagger and Strauss were foreign nationals. Tagger appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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