Legal Opinion · Dissent

3123 Smb LLC v. Steven Horn

Court of Appeals for the Ninth Circuit

Decided January 17, 2018No. 16-55304Published

1DissentHue Witz, Circuit Judge

The Court today holds that a corporation’s principal place of business was located in a state in which the company had done absolutely no business at the time this lawsuit was filed. Although identifying the principal place of business of a holding company is not always an easy task, the “nerve center” cannot be in a state where the corporate EEG is flat. The district court correctly found that Lincoln One’s nerve center at the time this suit was filed was in California, where its shareholders and directors resided, and where the only corporate asset—an apartment complex— was located. I…

2Cases cited6 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Hertz Corp. v. FriendSupreme Court of the United States · 2010
  3. Mollan v. TorranceSupreme Court of the United States · 1824
  4. Taber Partners, I v. Merit Builders, Inc.Court of Appeals for the First Circuit · 1993
  5. Grupo Dataflux v. Atlas Global Group, L. P.Supreme Court of the United States · 2004

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