Since Merrell Dow has not been overruled, the majority's analysis remains the current state of the law, and there would likely therefore be no fed subj matter jur under Branch Two. In this scenario, I am assuming that the beneficiary resides in the same state where the bank has its corporate headquarters so there is no diversity of citizenship. Suppose I change the scenario a little bit. Suppose I make this a New York based bank that takes over a Connecticut bank and the beneficiary is domiciled in Connecticut. Thank you for your time.
Citizenship is determined at the time of the filing of the complaint.
Hope the above is helpful.