Cott Corporation v. Refresco Holding B.V.

Background

Cott Corporation sued Refresco Holding B.V. The complaint relied on diversity jurisdiction under 28 U.S.C. § 1332, which generally allows federal courts to hear certain disputes between citizens of different states or foreign countries.

Jurisdictional Analysis

For diversity purposes, a corporation is treated as a citizen of the state or foreign country where it was incorporated and where it has its principal place of business. The court determined that Cott was a citizen of Canada and Florida because it was incorporated in Canada and had its principal place of business in Florida. Refresco was a citizen of the Netherlands because it was incorporated there and had its principal place of business there.

The court explained that foreign parties on both sides of a case defeat diversity jurisdiction, even if one foreign corporation also has its principal place of business in a U.S. state. The court therefore concluded that diversity jurisdiction was lacking.

Disposition

The court dismissed the complaint for lack of subject-matter jurisdiction. It directed the Clerk to close the case. Judge Alvin K. Hellerstein signed the order.