When a Losing Defendant Attempts to Place Assets Beyond the Reach of a Prevailing Plaintiff

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     Under Texas law is there a remedy available to a prevailing plaintiff (“judgment creditor”) who, when seeking to collect on her judgment, finds that the losing defendant (“judgment debtor”) has attempted to transfer assets beyond her reach?      Shore Answer:  Yes.  Look to the Uniform Fraudulent Transfer Act (the “Act”). Overview of the Act      The …

Hertz Corp. v. Friend: Where Is A Nationwide Company’s “Principal Place of Business” For Purposes of Diversity Jurisdiction?

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This Tuesday, November 10, the U.S. Supreme Court will hear arguments in Hertz Corp. v. Friend (08-1107), a case that will address how you determine where a nationwide company’s “principal place of business” is located for purposes of diversity jurisdiction under 1332(c). The Court has not previously had an opportunity to address this issue because motions to remand granted by …