Case Citator › Tosco Corp. v. Communities for a Better Environment

Tosco Corp. v. Communities for a Better Environment

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Ninth Circuit
Citation
236 F.3d 495
Decided
Confirmed treatments
1
Flagged citations read
77 of 77
Citing cases (total)
199
Treatment dates
2010
Abrogated
A reviewed court treats this case as abrogated by later authority. Tosco Corp. v. Communities for a Better Environment was abrogated on its corporate principal-place-of-business test. All 77 flagged citations have been read.
More on how this was screened

The one confirmed treatment is listed below: Hertz Corp. v. Friend adopted a uniform nerve-center test in place of Tosco's substantial-predominance approach. Later courts continue to cite Tosco for separate rules about pleading and proving federal jurisdiction.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

199 later cases cite Tosco Corp. v. Communities for a Better Environment; 77 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Tosco Corp. v. Communities for a Better Environment?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Supreme Court displaced Tosco's place-of-operations test for corporate citizenship under 28 U.S.C. § 1332(c)(1) by adopting the nerve-center test.

    Hertz Corp. v. Friend · Supreme Court of the United States · filed

    In reaching this conclusion, the court applied Ninth Circuit precedent, which instructs courts to identify a corporation’s “principal place of business” by first determining the amount of a corporation’s business activity State by State. … Tosco Corp. v. Communities for a Better Environment, 236 F. 3d 495, 500–502 (CA9 2001) (per curiam). … We conclude that “principal place of business” is best read as referring to the place where a corporation’s officers direct, control, and coordinate the corporation’s activities. It is the place that Courts of Appeals have called the corporation’s “nerve center.”
    Read the full opinion on CourtListener →

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