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Keywords

lawsuitplaintiffjurisdictiondamagesverdictcitizenshipgood faith

jurisdictionverdictcitizenshipappellee

Related Cases

Mas v. Perry, 489 F.2d 1396

Facts

Jean Paul Mas, a citizen of France, and Judy Mas were married in Mississippi and later moved to Baton Rouge, Louisiana, where they rented an apartment from Oliver H. Perry, a Louisiana citizen. They discovered that their apartment contained two-way mirrors, through which they had been watched by Perry during the first months of their marriage. The Mas couple filed a lawsuit seeking damages, and the jury awarded them $5,000 and $15,000 respectively. The landlord challenged the jurisdiction of the court, claiming a lack of diversity of citizenship and insufficient jurisdictional amount.

Appellees Jean Paul Mas, a citizen of France, and Judy Mas were married at her home in Jackson, Mississippi. Shortly after their marriage, they returned to Baton Rouge to resume their duties as graduate assistants at LSU.

Issue

The main legal issues were whether the court had diversity jurisdiction based on the citizenship of the parties and whether the jurisdictional amount was satisfied.

This case presents questions pertaining to federal diversity jurisdiction under 28 U.S.C. § 1332.

Rule

For diversity jurisdiction under 28 U.S.C. § 1332, complete diversity of parties is required, meaning no party on one side can be a citizen of the same state as any party on the other side. Additionally, the amount in controversy must exceed $10,000.

It has long been the general rule that complete diversity of parties is required in order that diversity jurisdiction obtain.

Analysis

The court analyzed the citizenship of Mrs. Mas, concluding that her domicile remained in Mississippi despite her marriage to Mr. Mas, a citizen of France. The court emphasized that a woman's domicile does not change solely due to marriage to an alien. Furthermore, the court found that the amount claimed by the plaintiffs in good faith was sufficient to meet the jurisdictional threshold, even though Mr. Mas ultimately recovered only $5,000.

The court analyzed the citizenship of Mrs. Mas, concluding that her domicile remained in Mississippi despite her marriage to Mr. Mas, a citizen of France.

Conclusion

The court affirmed the lower court's judgment, ruling that diversity jurisdiction was properly established and that the requisite amount in controversy was met.

Affirmed.

Who won?

The prevailing parties were Jean Paul Mas and Judy Mas, as the court upheld the jury's verdict in their favor, confirming the existence of diversity jurisdiction and the adequacy of the amount in controversy.

The prevailing parties were Jean Paul Mas and Judy Mas, as the court upheld the jury's verdict in their favor.

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