Category Archives: Federal Jurisdiction

Third Circuit Speaks on Citizenship of Holding Companies for Removal Purposes

We previously highlighted a case before the Third Circuit concerning how to determine the corporate citizenship of a Limited Liability Company (LLC) in the context of evaluating removal jurisdiction where the LLC’s sole member is a mere “holding company.”  Recently, the Third Circuit issued its ruling in Johnson v. Smithkline Beecham Corp., 2013 U.S. App. LEXIS 11501 (3d Cir. Pa. June 7, 2013), which provides useful guidance for practitioners in this area. Johnson arose from multiple cases alleging birth defects related to thalidomide –…

Continue Reading....

Third Circuit Set To Clarify Method for Determining Corporate Citizenship of Holding Companies for Purposes of Removal

There is a split of authority among the district courts in the Third Circuit concerning how to determine the corporate citizenship of a Limited Liability Company (‘LLC”) in the context of evaluating removal jurisdiction. The U.S. Court of Appeals for the Third Circuit is set to resolve the issue with a case now before the court. This issue arises from multiple cases alleging birth defects related to thalidomide – a drug developed, produced and distributed by defendant GlaxoSmithKline, LLC (“GSK”). As experienced product liability practitioners…

Continue Reading....

Workers Compensation Bar: A Tool To Defeat A Product Plaintiff’s Attempt To Defeat Diversity

Plaintiffs – and plaintiffs’ counsel – often prefer to litigate product liability cases in state rather than in federal court for a variety of reasons (tougher Daubert standard in federal court, stricter enforcement of discovery obligations by federal judges, general unfamiliarity with federal rules among many plaintiffs’ counsel, etc.).  Knowing that out-of-state product defendants will quickly seek to remove a state-filed product liability case to federal court if they can do so, plaintiffs’ counsel will sometimes seek to join aNew Jerseyplaintiff’sNew Jerseyemployer as a defendant,…

Continue Reading....