Legal Opinion · Concurrence
Davis Ex Rel. Davis v. HSBC Bank Nevada, N.A.
Court of Appeals for the Ninth Circuit
Decided February 26, 2009No. 08-57062Published
1Concurrence
KLEINFELD, Circuit Judge,
writing separately:
I concur in the result. My reasoning is somewhat different.
The majority opinion extends Tosco Corp. v. Communities for a Better Environment 1 beyond its facts. In my view, Tosco was overwritten, and I would confine it to its facts. In Tosco, an oil company was suing an environmental advocacy group for defamation and related torts, and claimed to be a citizen of Connecticut in order to get diversity jurisdiction.2 We affirmed a district court decision, which held that the oil company had its principal place of business in California, and adopted as…
2Cases cited25 opinions
- Duncan v. WalkerSupreme Court of the United States · 2001
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Decker Coal Company v. Commonwealth Edison CompanyCourt of Appeals for the Ninth Circuit · 1986
- Carol L. Kirchner GAFFORD, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1993
- Industrial Tectonics, Inc. v. Aero Alloy, a California Corporation Die Cast Products, Inc., a California Corporation, AKA Metal Products GroupCourt of Appeals for the Ninth Circuit · 1990
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