Standard Insurance successfully appeals dismissal of complaint to preserve its preferred federal forum

Client(s) Standard Insurance Company

In an appeal anticipating the Supreme Court's deliberations in Hertz Corp. v. Friend, Jones Day successfully challenged the dismissal of a breach of contract claim filed against Standard Insurance Company in the Central District of California. Notwithstanding that every other indicia of citizenship pointed to Oregon as Standard's principal place of business, because California had a slight plurality of Standard's sale of insurance policies, the district court found that Standard was a California corporation and dismissed for lack of diversity jurisdiction. The Ninth Circuit vacated the decision and remanded, allowing Standard to litigate in its preferred federal forum.

Thacker v. Standard Insurance Company, No. 09-55182 (9th Cir.)