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Eleventh Circuit Finds Dual Citizenship Defeats CAFA Diversity

by Carlton Fields on

The Eleventh Circuit recently denied a petition to appeal an order remanding a putative class action to state court, finding the defendant corporations’ dual citizenship defeated minimal diversity under the Class Action...more

Will the Eastern District of Texas remain a preferred choice for U.S. patent suits?

by Hogan Lovells on

A disproportionate percentage of U.S. patent infringement cases are filed in a single judicial district in Texas – The Eastern District of Texas (“E.D. Texas”). E.D. Texas is home to approximately 30-40% of U.S. patent...more

Will 30 Years Of Practice Be Overturned? Supreme Court Hears Oral Argument In TC Heartland v. Kraft Foods.

On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated....more

U.S. Supreme Court Hears TC Heartland Case

by Brinks Gilson & Lione on

On Monday, March 27, 2017, the U.S. Supreme Court heard oral arguments in TC Heartland LLC v. Kraft Food Brands Group LLC, (Case No. 16-341). This case considers whether venue for a patent infringement case is proper in any...more

Will the Supreme Court Reform Patent Venue Law in TC Heartland v. Kraft?

Q: Why is the technology industry following TC Heartland v. Kraft so closely? Paul Cronin: The Supreme Court recently agreed to take up TC Heartland, a case that will address the issue of where patent infringement...more

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts...more

TC Heartland v. Kraft: Will the Supreme Court Heed Calls to Reform Patent Venue Law?

Paul Cronin, a partner in Nutter’s Litigation and Intellectual Property Departments and a member of the firm’s Intellectual Property Litigation practice group, discussed the ramifications of the upcoming Supreme Court case,...more

TC Heartland v. Kraft: Awaiting a 2017 Supreme Court Decision with Potentially Significant Implications for Patent Litigation

by King & Spalding on

Patent litigation continues to be concentrated in a small number of venues. Of the 4530 patent cases filed in 2016, for example, patentees chose the Eastern District of Texas more than one third of the time (1661 cases). In...more

Will forum shopping days, like holiday shopping days, soon come to an end?

by Dorsey & Whitney LLP on

It’s no secret that plaintiffs bringing patent litigation choose the forum carefully. Though the appellate review of patent litigation is centralized in one appellate court with limited jurisdiction – the Court of Appeals for...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Supreme Court May Overturn 25-Year Precedent on Forum Shopping

by Polsinelli on

Last week, the Supreme Court accepted an invitation to weigh in on the hotly contested issue of forum shopping. What the Court decides next could dramatically impact patent litigation throughout the nation....more

Supreme Court to Review Forum Shopping in Patent Infringement Litigation

by Brooks Kushman P.C. on

In a development that may signal a major change in patent litigation practice, the U.S. Supreme Court has granted certiorari to hear a challenge to the rules governing where patent owners can file infringement actions against...more

Who Knew That A Motion To Transfer Venue Could Be So Complicated?

by Brooks Pierce on

North Carolina cases that are filed in an "improper county" can be transferred to the "proper county" if the "defendant, before the time of answering expires, demands in writing that the trial be conducted in the proper...more

The Principal Executive Office – It’s Not Just About Venue

by Allen Matkins on

Last week, I wrote about the venue implications of the location (or lack of) a corporation’s principal executive office. The location of a corporation’s PEO isn’t just about venue, however. Numerous provisions of the...more

Second Circuit Holds a National Bank’s Citizenship Is Determined Exclusively by Location of Main Office, Not Principal Place of...

by Shearman & Sterling LLP on

For purposes of assessing the existence of federal subject matter jurisdiction based on diversity of citizenship, national banking associations—i.e., corporate entities chartered not by any State, but by the Office of the...more

Banking Notes: New Mississippi Law Allows Venue Selection for Shareholder Claims

by Butler Snow LLP on

The Mississippi legislature has created a new mechanism for Mississippi corporations to require that derivative and other shareholder claims be brought in the county of the corporation’s principal office instead of some other...more

California Court of Appeal Confirms that Corporations Code § 1601 Does Not Require Corporations to Ship Records Maintained Out of...

In Innes v. Diablo Controls, Inc., Case No., A145528, 2016 Cal. App. LEXIS 475 (Cal. App. June 16, 2016), the California Court of Appeal, First District, affirmed that California Corporations Code § 1601, which permits...more

Court Holds Inspection Statute Does Not Require That Records Be Brought To California

by Allen Matkins on

In “The Scope Of Stockholder Inspection In California And Delaware“, I wrote about what a shareholder is entitled to inspect under California’s shareholder inspection statute – Corporations Code Section 1601. I did not...more

Does An LLC Maintain Its Records At Its Designated Office When They Are In The Cloud?

by Allen Matkins on

Section 17701.13 of the California Corporations Code requires that a limited liability company designate and continuously maintain in California both an office and an agent for service of process. The office need not be a...more

Registered office disputes

by Dentons on

From 6 April 2016, a new process under the Companies Act 2006 will allow Companies House to change the registered office address of a company that is using an address without permission....more

Why Some Delaware Corporations Will Want To Waive This California Statute

by Allen Matkins on

In yesterday’s post, I commented on a recent ruling by former Vice Chancellor John W. Noble to the effect that “Delaware disclosure law which generally does not require disclosures to shareholders unless shareholder action is...more

U.S. Supreme Court: REITS Have Citizenship of their Members

Many entities that get sued with any regularity prefer being defendants in federal court, rather than state court. The reasons for this preference are varied, but essentially boil down to a perceived slight defense tilt in...more

South Dakota Takes NCSL Challenge, Enacts Sales Tax Nexus Law

by Alston & Bird on

In February, we discussed how the National Conference of State Legislatures (NCSL) circulated a letter to all the states encouraging them to enact laws to challenge the physical-presence standard for sales tax nexus...more

What Does Americold Realty Trust Have To Do With Rule 147?

by Allen Matkins on

Under Article III, Section 2 of the U.S. Constitution, the judicial power of the federal courts may extend to, among other things, controversies between citizens of different states. When a party is a trust, in what state is...more

Changes to Ontario’s Personal Property Security Act: What secured parties need to know

by DLA Piper on

Following a panel report from the Minister of Government and Consumer Services, two significant changes to the Ontario Personal Property Security Act (the “PPSA”) came into effect near the end of 2015. These changes centred...more

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