Supreme Court of the United States

Jpmorgan Chase Bank v. Traffic Stream (Bvi) Infrastructure Ltd.

June 10, 2002536 U.S. 88

Summary

The Supreme Court held that a corporation organized under the laws of the British Virgin Islands is a “citizen or subject of a foreign state” for purposes of 28 U.S.C. §1332(a)(2), because the United Kingdom, as the sovereign authority over the BVI, qualifies as a foreign state. Accordingly, the Court reversed the Second Circuit and affirmed the district court’s exercise of alienage jurisdiction over Traffic Stream (BVI) Infrastructure Ltd.

Holding

  • Whether a corporation organized under the laws of an overseas territory is a citizen or subject of a foreign state for purposes of 28 U.S.C. §1332(a)(2).. Yes; a BVI corporation is a citizen or subject of a foreign state because the United Kingdom, which exercises ultimate authority over the BVI, is that foreign state.
  • Whether the United Kingdom qualifies as a foreign state such that BVI corporations are its citizens or subjects under §1332(a)(2).. Yes; the United Kingdom is a foreign state for the purposes of the statute, and its authority over the BVI renders BVI corporations its citizens or subjects.

Docket 01-651

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