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Tag Archives: Federal Jurisdiction

Civil Practice – Federal Jurisdiction – Diversity – Corporate – ‘Nerve Center’ – Amount in Controversy – Punitive Damages (access required)

McClurkin v. Champion Laboratories, Inc. Even though the defendant-corporation has a facility in South Carolina, since it was incorporated in Delaware and has its “nerve center” in Illinois, defendant is a citizen of Delaware and Illinois but not of South Carolina. Plaintiff’s motion to remand to state court is denied. A corporation’s principal place of business is where the corporation’s high-level officers direct, control, and coordinate the corporation’s activities.

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Civil Practice – Federal Jurisdiction – Removal – Class Action Fairness Act – State as Plaintiff – Parens Patriae – Remand — Antitrust (access required)

South Carolina v. LG Display Co. The State of South Carolina filed this antitrust action seeking civil forfeitures and statutory penalties pursuant to its parens patriae power in addition to seeking restitution on behalf of a particular subset of S.C. citizens. As such, this case is not removable under the Class Action Fairness Act. The state’s motion to remand to state court is granted.

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Civil Rights – PPACA – Individual Mandate – University Challenge – Civil Practice – Federal Jurisdiction – Anti-Injunction Act (access required)

Liberty University Inc. v. Geithner The 4th Circuit has no jurisdiction to hear Liberty University’s constitutional challenge to the “individual mandate” of the Patient Protection and Affordable Care Act, as the federal Anti-Injunction Act strips the federal court of jurisdiction; the 4th Circuit vacates the district court decision upholding the individual mandate and remands the case for dismissal.

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Civil Practice – Federal Jurisdiction – Fraudulent Joinder – Insurance – Breach of Contract – Tort/Negligence – Misrepresentations (access required)

Hendrix Insurance Agency, Inc. v. Continental Casualty Co. (Lawyers Weekly No. 002-040-10, 14 pp.) (Henry M. Herlong Jr., Sr. J.) D.S.C. Holding: Where (1) plaintiff waited until after removal to federal court to add an S.C. resident as a defendant, ...

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