Tagger v. Strauss Group Ltd., No. 18-3189 (2d Cir. 2020)Annotate this Case
The Second Circuit affirmed the district court's dismissal of the complaint based on lack of subject matter jurisdiction. Plaintiff filed suit against Strauss for various common law contract and tort claims, alleging that Strauss falsely brought legal action against him in Israel which caused him to be prohibited from leaving Israel.
The court held that 28 U.S.C. 1332(a)(2) does not confer diversity jurisdiction where a permanent resident alien sues a non‐resident alien, and that the 1951 Treaty of Friendship, Commerce and Navigation between the United States and Israel does not otherwise confer federal jurisdiction in this lawsuit. The court concluded that plaintiff, a citizen of Israel who lives in Brooklyn as a lawful permanent resident, is an alien for the purpose of diversity jurisdiction and Strauss is an Israeli corporation with headquarters in Israel.