Hertz Corp. v. Friends - Rational The court of appeals all...

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The Hertz Corporation v. Friend 130 S. Ct. 1181 (2010) Fact: Operative Facts: The Hertz car company had a presence in California. Even though they operate in 44 different states, 1/8 of their resources are at California, with 12% of their personals. The appeals court saw that, this was still a significantly larger portion then the next state. The plantiffs were California citizens, and the Hertz company wanted to remove the case to a federal court on diversity of citizenship. Their executive board was in New Jersey, making all the major administrative operations. Issue: Whether the Hertz could claim their primary place of business was New Jersey. Rule: The Primary place of business is where the major administrative operations occurs in.
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Unformatted text preview: Rational: The court of appeals all came up with widely different rules on how to determine a principle place of business. Supreme court set out a rule using the “nerves test” a place where most of the operations and major decisions take place. General a corporate HQ. Even though it doesn’t always give a clear cut line on where the major operations takes place, it does give the appeals a starting point. Holding: Hertz principle place of business was deemed to be New Jersey. They would have a diversity of citizenship claim and could be heard in Federal Court Synthesis: Dissent/Concurrences:...
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