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 with Q&A

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Conducted on Tuesday, September 27, 2011

Recorded event now available

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Course Materials

This CLE course 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.

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Outline

  1. Diversity jurisdiction for corporate defendants
    1. Nerve center test—application of Hertz v. Friend
    2. Relevance of day-to-day operations
    3. Application to corporate subsidiaries
    4. Application to LLC structures
  2. Improper and fraudulent joinder
  3. Amount in controversy
  4. Removal process
    1. Timing
    2. Consent
    3. Waiver
    4. 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Jonathan Evan Goldberg
Jonathan Evan Goldberg
Partner
Dentons

He focuses on all aspects of complex commercial litigation, employment law and litigation, and ERISA litigation. He is...  |  Read More

R. Trent Taylor
R. Trent Taylor
Partner
McGuireWoods

Mr. Taylor focuses on defending complex tort and products liability cases with an emphasis on public and private...  |  Read More

Jared M. Katz
Jared M. Katz
Partner
Mullen & Henzell

He is experienced in resolving wide-ranging types of disputes, representing institutional, business and individual...  |  Read More

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