Ghaderi

Ghaderi v. United Airlines, Inc.

Good Law
136 F. Supp. 2d 1041·2001 WL 359705·2001 U.S. Dist. LEXIS 10497
United States District Court, Northern District of CaliforniaMarch 16, 2001Civ.C-00-00014 WDBCalifornia2,745 words

Opinion

Opinion

Brazil, J.

ORDER REMANDING CASE TO STATE COURT

The Ninth Circuit’s opinion in Tosco Corp. v. Communities for a Better Envi ronment, 236 F.3d 495 (9th Cir.2001), prompted the court to revisit the issue of whether or not it has diversity jurisdiction over this action.

The parties submitted supplemental briefs and additional evidence and, on March 7, 2001, presented oral argument.

I. THE GOAL

In order to determine United Airlines’ “citizenship,” we must identify the one state that is most appropriately considered United’s “principal place of business.” If United’s principal place of business is Illinois the court must retain jurisdiction. On the other hand, if we conclude that California is United’s principal place of business the parties are not diverse, and the court must remand.

We note at the outset that it appears that United is not the kind of litigant that diversity jurisdiction was intended to protect in either California or Illinois. United maintains a large presence in both states and is unlikely to be considered an “outsider” in either.

Because United is unlikely to suffer discrimination in either state, the court has struggled with how to choose the one state most…

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