Civ pro question Forum

[ReachTheBar79]

Hi all,

Can a corporation's domicile be a factory?

[Sue]

Hi all,

Can a corporation's domicile be a factory?

What do you mean?

For PJ, SMJ, Venue purposes, a corp.'s domicile is the state where it is incorporated, and the state of its principal place of business. If the factory is the corporation's PPB, then the corp. is deemed to be domiciled both in the state where this factory is situated, and the state where it was incorporated.

[FinallyPassedTheBar]

Hi all,

Can a corporation's domicile be a factory?

No I do not think so, unless factory is also the corp's principle place of business. Corporation is domiciled in (1) state of incorporation, and (2) state of corporate headquarters (principle place of business).

But domiciliary is not the end all be all of PJ. The court can still have PJ over a corp defendant based on other factors not related to domiciliary (Constitutionality test for long-arm statutes)

[ReachTheBar79]

Hi all,

Can a corporation's domicile be a factory?

What do you mean?

For PJ, SMJ, Venue purposes, a corp.'s domicile is the state where it is incorporated, and the state of its principal place of business. If the factory is the corporation's PPB, then the corp. is deemed to be domiciled both in the state where this factory is situated, and the state where it was incorporated.

So if a question states that a corporation's factory is in state A and it's incorporated in state b, then it's domicile is only b?

I know that the domicile is def a PPB and where incorporated, but how do we define a PPB other than a nerve center?

[FinallyPassedTheBar]

So if a question states that a corporation's factory is in state A and it's incorporated in state b, then it's domicile is only b?

I know that the domicile is def a PPB and where incorporated, but how do we define a PPB other than a nerve center?

IF HQ is also in state A, then yes. But if HQ is in state C, then I would say no, corp is not domiciled in state A.

[THE_U]

Hi all,

Can a corporation's domicile be a factory?

What do you mean?

For PJ, SMJ, Venue purposes, a corp.'s domicile is the state where it is incorporated, and the state of its principal place of business. If the factory is the corporation's PPB, then the corp. is deemed to be domiciled both in the state where this factory is situated, and the state where it was incorporated.

So if a question states that a corporation's factory is in state A and it's incorporated in state b, then it's domicile is only b?

I know that the domicile is def a PPB and where incorporated, but how do we define a PPB other than a nerve center?

I would say B only.

My notes say that PPB = where managers direct, coordinate, and control corporate activities (usually the corporate HQ)

[Sue]

Hi all,

Can a corporation's domicile be a factory?

What do you mean?

For PJ, SMJ, Venue purposes, a corp.'s domicile is the state where it is incorporated, and the state of its principal place of business. If the factory is the corporation's PPB, then the corp. is deemed to be domiciled both in the state where this factory is situated, and the state where it was incorporated.

So if a question states that a corporation's factory is in state A and it's incorporated in state b, then it's domicile is only b?

I know that the domicile is def a PPB and where incorporated, but how do we define a PPB other than a nerve center?

Generally yes, only B, but if additional details say that the factory is also a ppb, then A and B.

For ppb, see if the corporation is managed from that factory (not likely), the directors are sitting in an office that is in the factory building, etc. Usually the facts give you the sense if the corp. has only one building, that is the factory, and all managing, meetings, everything of this small corporation are held there, or if it is a big corp. that has sales all over the country, has one office here, one there, one factory in this state, but was incorporated in another state, etc.

[BrokenMouse]

.

[THE_U]

Hi all,

Can a corporation's domicile be a factory?

No. Corporation is domiciled wherever it is incorporated and 1 principal place of business.

However, corporation can be subject to general jurisdiction and will be treated as if they are domiciled if their contact with the forum state is so systematic and continuous that it's totally fair to treat them like they are domiciled. (i.e., they have all their warehouses, factories, and design rooms in California, and maintain servers and websites in California, and their customer service center is in California, but they are incorporated in Delaware and has board meetings in New York. California would have general jurisdiction).

So the answer is NO. and "factory" alone, without more, will probably not be enough to treat a company as if they are domiciled in the forum.

This is for PJ, right?

[BrokenMouse]

.

[doubltall]

Can someone please explain the meaningful difference & appropriate usage for these two terms: "common nucleus of operating facts" and "same transaction or occurrence"? I am continually getting them mixed up and interchanging them in my head

[Sue]

Can someone please explain the meaningful difference & appropriate usage for these two terms: "common nucleus of operating facts" and "same transaction or occurrence"? I am continually getting them mixed up and interchanging them in my head

Why would you need that?

[ReachTheBar79]

Hi all,

Can a corporation's domicile be a factory?

No. Corporation is domiciled wherever it is incorporated and 1 principal place of business.

However, corporation can be subject to general jurisdiction and will be treated as if they are domiciled if their contact with the forum state is so systematic and continuous that it's totally fair to treat them like they are domiciled. (i.e., they have all their warehouses, factories, and design rooms in California, and maintain servers and websites in California, and their customer service center is in California, but they are incorporated in Delaware and has board meetings in New York. California would have general jurisdiction).

So the answer is NO. and "factory" alone, without more, will probably not be enough to treat a company as if they are domiciled in the forum.

This is for PJ, right?

Yes correct. In Personam General Jurisdiction.

I asked this question originally because of diversity for SMJ.

[FinallyPassedTheBar]

*nevermind i am all mixed up