Monthly Archives: February 2010

U.S. Supreme Court Adopts Nerve Center Test for Corporate Citizenship in Diversity

A corporation’s citizenship for purposes of Federal diversity jurisdiction is governed by 28 U.S.C. 1332(c)(1): a corporation is a citizen of the state of its incorporation, and the state where its principal place of business is found. This morning, in a decision certain to have a major impact on the day-to-day functioning of the Federal … Continue Reading

California Supreme Court Provides New Guidance to Courts Making “Choice-of-Law”

Today, in a widely anticipated decision, the California Supreme Court held that California’s interest in protecting a current resident does not trump another state’s interest in having its laws applied. This occurred in the context of an asbestos case. The defendant’s conduct occurred in Oklahoma, at a time when plaintiff was present in and a … Continue Reading

GOTCHA! Ninth Circuit Reluctantly Dismisses Appeal That Was Timely When Notice of Appeal Was Filed

The Ninth Circuit recently found itself in the difficult position of having to dismiss an appeal that under its own precedent, was timely when filed, but became untimely after an intervening Supreme Court decision. The plaintiffs brought a qui tam action against a researcher who allegedly made false statements to obtain funding from the federal … Continue Reading
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