Supreme Court: Principal Place of Business = “Nerve Center”
The United States Supreme Court recently clarified that, a corporation’s “principal place of business” for diversity jurisdiction in the federal courts is the corporation’s “nerve center,” or “the place where a corporation’s officers direct, control, and coordinate the corporation’s activities.”
By Consumer Consignments Are No Longer a Commercial Matter
In In Re Music City RV, LLC, the Bankruptcy Court for the Middle District of Tennessee certified to the Tennessee Supreme Court the question of whether a consumer’s consignment of a recreational vehicle (RV) to a dealer for the purpose of selling the RV is a transaction covered under the UCC. Nine individuals, including Dudley King, consigned their RV to Music City for sale. Thereafter, an involuntary Chapter 7 bankruptcy was filed against Music City. The Chapter 7 Trustee argued that the RVs on the Music City consignment lot were property of the bankruptcy estate.
Work Product Is Not a Sword and Shield
In Reitz v. City of Mt. Juliet, the Middle District of Tennessee held that an employer’s reliance on an investigative report in pleadings before the court waived the attorney-client privilege and work-product protection for the underlying interview memoranda and notes authored by the internal investigator.
Liberal Interventions—Not What You Think
Motions to intervene arise relatively infrequently in business litigation cases. But when they do, they can dramatically change a lawsuit’s course. In a January 8, 2010, case before the Middle District of Tennessee, Beach v. Healthways, Inc., Magistrate Judge Griffin provides a concise roadmap to navigating motions to intervene.
