A recent decision by the United States Supreme Court has resolved a long-standing ambiguity in the statutory requirements for determining the citizenship of a corporation for the purposes of invoking the diversity jurisdiction of the federal courts. 

In Hertz Corp. v. Friend 30 S. Ct. 1181, 175 L. Ed. 2d 1029 (2010), the Supreme Court identified two principal approaches to determining corporate citizenship for diversity purposes:  the locations of a corporation’s “business activities” versus a corporation’s “nerve center,” which might or might not overlap with the corporation’s nominal headquarters.  See id. at 1190-91.  But, despite the Court’s efforts, the shifting nature of the modern business place might reduce Hertz to a mere way-station on a longer journey.Continue Reading Supreme Court Gives Direction on Corporate Citizenship

Attorney Paula D. Norkaitis, Senior Litigation Counsel in the Tom Bolt & Associates, P.C. Litigation Practice Group,  recently was successful in arguing a case for the principle of abatement with regard to criminal convictions in the U.S. Virgin Islands.

Norkaitis had represented defendant, Edwardo Carmona, Jr., who was convicted at trial of first degree murder by a jury before the Honorable Michael Dunston. Carmona was sentenced to life imprisonment on April 4, 2008. Continue Reading Supreme Court Concurs with TBA Attorney Argument on Abatement

A hearing officer on Thursday ruled that the Department of Licensing and Consumer Affairs had the right to fine two companies and revoke their solicitors’ licenses for doing sidewalk promotions in downtown Charlotte Amalie.

In August, Caribbean Fun Stay and K&R Promotions filed two actions against DLCA pertaining to their solicitors’ licenses. One was an administrative complaint against DLCA, arguing that Commissioner Kenrick Robertson overstepped his bounds by fining the two companies and revoking or denying their solicitors’ licenses. The second was a complaint in District Court, arguing that DLCA denied the two companies their due process rights – the constitutional guarantee to be treated fairly and not unnecessarily deprived of rights or property.Continue Reading Hearing Officers Supports Revocation of Barker Licenses

Tom Bolt, American Bar Association Delegate at Large, announced on Wednesday that the The American Bar Association Division for Public Education’s National Online Youth Summit. The program offers students in the Virgin the chance to study, research, and analyze an issue, and discuss it online with high school students throughout the United States. The theme of this year’s Youth Summit is “Environmental Law & Public Policy: From Grassroots to Government”. 

Bolt who has served as a member of the ABA’s House of Delegates for over twenty years said “This topic is of great interest to all people, especially today’s youth in the Virgin Islands.  The program will focus on grassroots and government efforts to create a national environmental policy, current environmental laws, and some of the political and social responses to resource management and environmental change across time.  Our students will have the opportunity to analyze key legislation and Supreme Court decisions dealing with the environment, and global warming in particular, as well as the role of the Executive branch in administering environmental laws."Continue Reading Virgin Islands Attorney Announces National Youth Summit

Presiding Judge of the Virgin Islands Superior Court Rhys S. Hodge addressed the quarterly meeting of the Virgin Islands Bar Association on Thursday, September 21st in the District Court of the Virgin Islands jury room.  Judge Hodge noted that the VI Superior Court would be moving the court into the "technology age".

He said he supports the ongoing effort of the Court Administrator to implement a computerized case management system and has established a date certain, the first quarter of 2007, to have the public access module available online.  There was some discussion amongst the members of the Virgin Islands Bar as to the implementation of e-filing and the necessity of training and double-tier system for attorneys who were not techologically savvy. The public module would allow the public access to the court’s calendar as well as court records.  

Continue Reading Presiding Judge Heralds VI Court Entering Electronic Age