Tuesday, June 9, 2009

Two Civ Pro Items of Note to Torts Profs

Torts profs (and practitioners) are litigators, too.   So, two civil procedure items of note from the U.S. Supreme Court:

1.  In Caperton v. A.T. Massey Coal (pdf) (08-22), the Court held that a West Virginia justice's failure to recuse after accepting substantial campaign donations from a person associated with the defendant violated the Due Process Clause of the 14th Amendment.

2. Yesterday, the Court granted review in Hertz v. Friend (08-1107).  The question presented is whether for purposes of determing a corporation's principal place of business for diversity jurisdiction, a federal court should apply the "place of operation test" or the "nerve center test" where a corporation does substantially more business in one state compared to others. 

 

- SBS






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