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Identifying A Principal Place Of Business For Diversity Jurisdiction: Supreme Court Settles The Debate
Leader & Berkon LLP
Joshua K. Leader; Michael J. Tiffany

is the company's "principal place of business" for purposes of federal diversity jurisdiction ... diversity jurisdiction refers to "the place where the corporation's high-level officers direct, ... The phrase "principal place of business" derives from the federal diversity jurisdiction statute: ...

Articles - 2010-04-05 00:00

Hangarter v. The Paul Revere Life Ins. Co.: Will The Northern District Of California's Decision Allow CAFA's State Action Exception To Swallow The Rule?
Weil, Gotshal & Manges LLP
David L. Yohai; David R. Singh

difficult for a defendant to establish federal diversity jurisdiction because plaintiffs' counsel would ... commerce, and the concept of diversity jurisdiction as intended by the framers of the United States ... rescind or reform the insurance policies in question. Although federal diversity jurisdiction would ...

Articles - 2006-05-01 00:00

Hertz Corp. v. Friend - U.S. Supreme Court Adopts "Nerve Center" Test For Determining A Corporation's "Principal Place Of Business"
Williams Kastner
Kimberly D. Baker; Arissa M. Peterson

"principal place of business" for determining federal diversity jurisdiction under 28 U.S.C. § 1332 ... diversity jurisdiction remains on the party asserting it, and when challenged, the parties must support ...

Articles - 2010-06-02 00:00

Issues & Overview Federal Merger Enforcement: Is There A Message In Recent Losses?

But three recent losses in diverse jurisdictions - U.S. v. Oracle in Northern California, FTC v. Arch ...

Articles - 2004-12-01 00:00

Conflicting Provisions/Conflicting Decisions
Stradley Ronon Stevens & Young, LLP
Heather M. Tashman; Kristin J. Jones

Congress enacted the Class Action Fairness Act. CAFA broadens the federal diversity jurisdiction statute ... to minimize plaintiffs' counsel's ability to "game the system by trying to defeat diversity jurisdiction" because "interstate class actions typically involve more people, more money and more ...

Articles - 2009-06-01 00:00

Congress Makes Significant Changes To Rules Governing Class Actions
Willkie Farr & Gallagher LLP
Kevin B. Clark; Joseph G. Davis; David B. Esau

defendant. Thus, CAFA changes diversity jurisdiction for class actions in two major ways. First, ... B. Exceptions CAFA contains various exceptions to its broad grant of federal diversity jurisdiction over class actions. For example, under certain circumstances specified in CAFA, district courts ...

Articles - 2005-06-01 00:00

Possible Unintended Consequences Of The Class Action Fairness Act
Jones Day
Mark Herrmann; Pearson Bownas

in their complaints.Diversity jurisdiction under the Act, as in all other cases, is based not on the parties' residency, ... is subject to the Class Action Fairness Act's expanded diversity jurisdiction. These new class ...

Articles - 2005-04-01 00:00

Trial Lawyer Lobby's Focus Likely To Shift To Executive Branch In 2011-2012
American Tort Reform Association
Tiger Joyce

$75,000 in damages - the threshold for ordinary diversity jurisdiction. CAFA, however, was clearly ...

Articles - 2010-12-06 00:00

A Products Liability Practice Meets The Challenge Of The Plaintiffs' Bar
Chadbourne & Parke LLP
Garyowen P. Morrisroe; Phoebe A. Wilkinson

The public policy behind granting diversity jurisdiction to federal courts was the perception that state ...

Articles - 2006-11-01 00:00

The Cutting Edge: A Non-traditional Basis For Federal Jurisdiction Under The Edge Act
Davis & Gilbert LLP
Michael C. Lasky; Sean P. Cameron

in the Consolidated Class Action. Stockton also sued a number of California banks, thereby defeating diversity jurisdiction. Defendant AIG Financial Products Corporation and AIG Sunamerica Life Assurance Company ...

Articles - 2009-03-31 00:00