PADILLA-MANGUAL v. PAVIA HOSP.

No. 07-1447.

516 F.3d 29 (2008)

Ryan PADILLA-MANGUAL, Plaintiff, Appellant, v. PAVÍA HOSPITAL, et al. Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 14, 2008.


Attorney(s) appearing for the Case

Antonio Bauzá-Torres and Rubén Morales, for appellant.

Mirta Rodríguez-Mora, with whom Látimer, Biaggi, Rachid & Godreau, were on brief for appellee Pavía Hospital, and Nuyen Marrero-Bonilla, with whom Montijo & Montijo Law Offices, were on "brief for appellees Dr. Miguel De La Cruz and his conjugal partnership.

Before TORRUELLA and HOWARD, Circuit Judges, and SMITH, District Judge.


SMITH, District Judge.

In this case, a challenge to the diversity jurisdiction claimed by a plaintiff requires us to examine the presumption of domicile and what it takes to overcome it where the plaintiff forges none of the typical ties to his new home. Ultimately, we conclude that the task is one better left to the district court, with the benefit of an evidentiary hearing.

Plaintiff-appellant, Ryan Padilla-Mangual ("Padilla"), brought an action in the United...

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