| Venue: | D. Kan |
| Facts: | Mr. Creal is killed in a car accident. He had recently moved to Kansas, having been a Missouri resident prior. He keep shis driver's licence there, titles his van there, his insurance is there, his mom is there, etc. But he lives in Kansas, having moved in with his sweetheart. |
| Posture: | Challenge under 12(b)(1) |
| Issue: | Does the court have jurisdiction? |
| Holding: | No. Dismissed. |
| Rule: | The rule is domiciled: physical presence with intent to stay. |
| Reasoning: | He left the option of returning to MO open, but her was in KS for the foreseeable future. Without personal jurisdiction, we lack subject matter jurisdiction, so we're done. |
| Dicta: | |