Herschel v. Eastern Airlines, Inc.

LEVET, District Judge.

The multi-state activities of the defendant, a national airline carrier, pose the jurisdictional question of the location of its principal place of business. The plaintiff is a citizen of New York; the defendant, a Delaware corporation alleging its principal place of business in New York. Diversity hinges upon the location of the defendant’s “principal place of business,” 28 U.S.C. § 1332(c).

The choice is between New York and Florida; specifically between New York City and Miami. The defendant concedes that the day-to-day operations of the airline are controlled and…