LexisNexis® Legal Newsroom
U.S. Supreme Court Turns Off "Stream Of Commerce" Jurisdiction At The Tap

On June 27, the United States Supreme Court delivered two of its most significant opinions on the subject of personal jurisdiction in nearly twenty-five years (since Asahi Metal Ind. Co. v. Superior Court of California , 480 U.S. 102(1987) [ an enhanced version of this opinion is available to lexis...

Delaware Court of Chancery’s Original and Exclusive Jurisdiction Over Insurance Rehabilitation Proceedings

In re Rehabilitation of Manhattan Re-Insurance Co. , C.A. No. 2844-VCP (Del. Ch. Oct. 4, 2011). Read opinion here . Issues Addressed Whether the Court of Chancery has original and exclusive jurisdiction over insurance rehabilitation proceedings. If so, whether that exclusive jurisdiction...

Delaware Court of Chancery Retains Delaware Jurisdiction Despite Competing California Suits

In Parcell v. Southwall Technologies, Inc. , C.A. No. 7003-VCL (Del. Ch. Nov. 7, 2011)(transcript), the Delaware Court of Chancery refused to stay litigation challenging a transaction despite parallel litigation pending in California challenging the same transaction. Read transcript here. Thanks...

High Court: District Courts Not Deprived Of Jurisdiction Over TCPA Claims

WASHINGTON, D.C. - (Mealey's) The Telephone Consumer Protection Act of 1991's (TCPA) "permissive grant of jurisdiction to state courts" does not deprive federal district courts of federal question jurisdiction over private TCPA lawsuits, a unanimous U.S. Supreme Court ruled Jan....

Francis Pileggi Discusses Delaware Chancery Court’s Denial of Motion to Dismiss for Lack of Indispensable Party in Non-Compete Case

Francis G.X. Pileggi of Eckert Seamans Cherin & Mellott, LLC, discusses NuVasive, Inc. v. Lanx, Inc ., C.A. No. 7266-VCG (Del. Ch. July 11, 2012), in which the Delaware Court of Chancery considered a claim that the defendant company improperly persuaded employees of plaintiff company to work...

Georgene Vairo on Holston Invs., Inc. v. Lanlogistics, Corp., and the Citizenship of a Dissolved Corporation

Excerpt: In a succinct per curiam opinion, the Eleventh Circuit sensibly holds that a formally dissolved corporation has no principal place of business. Accordingly, for diversity jurisdiction purposes, such a corporation will be deemed a citizen only of the states in which it is incorporated...

Two FCPA Cases; One Win for the SEC, One Loss; the Limits of Jurisdiction

A key focus of the New Era of FCPA enforcement is the prosecution of individuals. Enforcement officials have repeatedly emphasized the necessity of bringing actions against individuals as well as business organizations. At the same time some have criticized enforcement officials for not brining more...

Chancery Dismisses Duplicative Delaware Suit in Favor of First-Filed California Case

In Re Diamond Foods, Inc . Derivative Litigation , C.A. No. 7657-CS (Del. Ch. Feb. 28, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Issue Addressed : Whether a derivative suit filed in Delaware should be dismissed in favor of a similar first-filed action...

Citizenship of LLC Members Determines LLC's Citizenship for Diversity Purposes

A federal court must determine that it has subject matter jurisdiction and personal jurisdiction and that venue is proper before it can adjudicate a matter. If it lacks any one of the three, the court will not proceed, and it need not examine whether the other two requirements are met. In diversity actions...

An Answer to a Million Dollar Question About Designating Cases to the NC Business Court

This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. This seminar included presentations from Business Court Chief Judge Gale as well...

Delaware Court of Chancery Has Jurisdiction to Enjoin Potentially Unconstitutional Statute

The recent Delaware Court of Chancery decision in Doe v. Coupe , C.A. No. 10983-VCP (Del. Ch. July 14, 2015), clarifies the basis for equitable jurisdiction needed in order for the Court of Chancery to hear a claim that the state should be enjoined from enforcing an unconstitutional statute, in connection...