March 01, 2010

In this edition of The Spotlight, we highlight several recent developments that we think you will find both interesting and helpful to your practice.  For example, in Complex Commercial Litigation, we report that the U.S. Supreme Court has ruled that a corporation’s principal place of business for purposes of federal diversity jurisdiction is its “nerve center” (Hertz).  In Class Action, we discuss that for purposes of CAFA jurisdiction, limited liability companies are citizens only of the States under whose laws they are organized or where they have their principal places of business (Ferrell). 

We also call to your attention two Illinois Supreme Court cases:  in Appellate & Supreme Court we discuss that the Illinois high court ruled that caps on non-economic damages in medical malpractice cases are unconstitutional (Lebron), and in Product Liability we note that the court recognized a claim for “indirect deception” (DeBouse). 

We highlight three notable U.S. Supreme Court petitions for certiorari:  in Arbitration we discuss that the Court granted cert. to address whether a court or an arbitrator should resolve whether an arbitration clause is unconscionable (Jackson); in Complex Commercial Litigation we note that the Court granted cert. to address the meaning of “mistake” in connection with determining when an amended complaint relates back for limitations purposes under FRCP 15(c) (Krupski); and in Privilege Issues we report that Textron has filed a cert. petition asking the Court to resolve a Circuit split regarding the scope of the work product protection afforded by FRCP 26(b)(3).

Finally, we note in White Collar Defense & Investigations that the SEC announced new guidelines for assessing cooperation by individuals.

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