United States Third Circuit

In this personal injury suit, plaintiff alleges that defendant fell on her while waiting to use an airplane lavatory, thus breaking her arm. Dismissal for lack of subject matter jurisdiction is affirmed, where: 1) defendant, though an American citizen, is domiciled in Germany and intends to remain there, and the evidence demonstrates that his home, business, and family are all located in Germany; and 2) a single instance of contrary intent, on a Registration and Ballot Request form in 2012, in which defendant stated that he intends to return to the United States, does not satisfy the preponderance-of-the-evidence standard, especially given that defendant testified that he made the selection on the form simply because he could not rule out the possibility of one day returning to the United States.

Appellate Information

• Decided 09/22/2014
• Published 09/22/2014

Judges

• Sloviter

Court

• United States Third Circuit

Counsel