It seems the Ninth Circuit has (or had…) a rule that a corporation’s principal place of business was were most of its business was done, giving California a huge advantage. The Hertz Corporation was not incorporated there, and had its headquarters in New Jersey. Nevertheless, the Ninth Circuit, applying its most-of-the-business rule, held there was no diversity between a California resident and Hertz. On cert, the U.S. Supreme Court reversed nine zip.
Rumor has it that one Ninth Circuit judge once said “They can’t catch them all.” They seem to be trying.
I dunno, isn’t this post just one more iteration of HAW HAW THOSE HIPPIES ON THE NINTH CIRCUIT GOT REVERSED AGAIN…BURNZERZ ON THEM!!!111!? Also, links to Volokh? Don’t you know any law bloggers who aren’t reactionaries?
Finally, isn’t today’s decision sort of a burn on all the Circuits that hitherto have not used the “nerve center” test of the location of a corporation’s principal place of business for purposes of diversity jurisdiction? HAHAHAH SEVENTH CIRCUIT ROOLZ…NINTH AND FIFTH CIRCUTS DROOL
Did the link work for you, Zen Master? It didn’t for me, but then, I’m not enlightened.
Don’t you know any law bloggers who aren’t reactionaries?
They’re not reactionaries, silly ZM. They’re libertarians. Pro-Bush, pro-Republican libertarians, who mostly avoid the subject of torture because state-sponsored torture isn’t really a libertarian kinda issue. Much better to blog about guns.
I think the link is fixed, now, Anderson. Sorry about that.
Whatever it is that is wrong with ZM, I can’t do anything about.
Geez, NMC, it was a joke. I read your recent post on the torture memos and am aware that you’re not Rush Limbaugh. However, I stand by my characterization of Volokh as a reactionary. Quoth the Buddha, “A libertarian is a Republican who wants to get laid.”
In whatever degree the corporation needs the use of jurisidiction is how the corporate court will rule. This change isn’t due any thought. There is a pending corporate cause somewhere which requires this action. If it isn’t known now, it will be known at the time its needed. Follow the money.