Diversity Jurisdiction and Removal to Federal Court
Applying the Supreme Court's Nerve Center Test to Complex Corporate Structures and Navigating Nuances of Removal
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Tuesday, September 27, 2011
Recorded event now available
This CLE webinar will provide litigators with a review of the rules for diversity jurisdiction and the application of the Supreme Court's nerve center test to complex corporate and LLC structures. The panel will offer litigation strategies to identify and avoid the pitfalls often encountered in the removal process.
Description
For corporate defendants, federal court litigation is perceived as more advantageous to the client than state court litigation. The road to federal court jurisdiction involves complex rules that are not codified for the most part and depends on very tight timeframes for removal.
In Hertz v. Friend, the Supreme Court laid out the nerve center test for determining the citizenship of a corporation. Ever since, district courts have struggled to apply the nerve center test to complex corporate and LLC structures. Establishing citizenship may well engender fact-intensive discovery.
The rules among federal courts are inconsistent and highly nuanced on many removal issues. Practitioners must master complex rules such as improper or fraudulent joinder, and time frames for removal in multi-defendant litigation.
Listen as our authoritative panel of litigators guides you through the complex rules for diversity jurisdiction and the removal process, and offers their perspectives and best practices for avoiding pitfalls in the removal process.
Outline
- Diversity jurisdiction for corporate defendants
- Nerve center test—application of Hertz v. Friend
- Relevance of day-to-day operations
- Application to corporate subsidiaries
- Application to LLC structures
- Improper and fraudulent joinder
- Amount in controversy
- Removal process
- Timing
- Consent
- Waiver
- Multi-defendant litigation
Benefits
The panel will review these and other key questions:
- How have courts applied the nerve center test to complex corporate structures?
- What guidance is available for applying the nerve center test to LLC structures?
- What are the rules governing fraudulent joinder of defendants?
Faculty
Jonathan Evan Goldberg,
Partner
SNR Denton, New York
He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is an experienced trial lawyer and frequent public speaker, has successfully represented numerous clients in federal and state courts throughout the United States in matters involving claims of retaliation, discrimination, wrongful termination, fraud, and breach of contract.
R. Trent Taylor,
Partner
McGuireWoods, Richmond, Va.
His litigation practice includes energy and environmental matters, and he is a frequent speaker and writer on related topics, including hydraulic fracking. He focuses on defending complex toxic tort and products liability cases and matters involving complex scientific and medical issues.
Jared M. Katz,
Partner
Mullen & Henzell, Santa Barbara, Calif.
He is experienced in resolving wide-ranging types of disputes, representing institutional, business and individual clientele, and he handles insurance, financial, commercial, and other matters. He is a frequent author of articles on business and insurance law issues.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, FL, GA, ME, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $247.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, ME, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $247.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $247.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $247.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $247.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
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Customer Reviews
I liked the application of recent case law.
Jeff Vagle
Pepper Hamilton LLP
The seminar featured very knowledgeable presenters on an extremely important topic.
Kenneth Mathieu
FTI Consulting
The presenters were lucid, articulate, and informative. The seminar exceeded my expectations.
Irvin Slate
Slate Law Office
The seminar was understandable, fluid and thorough for the topics covered.
Susan L. Dolin, Esq.
Susan L. Dolin, P.A.
The speakers included a significant number of best practices, which are critical to application of the law.
Deirdre J. Kamber
Fitzpatrick Lentz & Bubba
Litigation Advisory Board
Partner
K&L Gates
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Winston & Strawn
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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