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Legal Summary of Hertz Corp. v Friend (Essay Sample)
Legal Summary of Hertz Corp. v Friend source..
Jonathan Descorbeth Professor’s name Class Date Legal Summary of Hertz Corp. v Friend The crux of this court case stems from the two individuals Melinda Friend and John Nhieu and their suit against Hertz Corporation for their violations of California’s wage and hour laws. The case itself shows the specificity and weight given to determining the responsibility of the Hertz Corporation for the violation of California law through the scrutiny of numerous definitions and technical terms, showing how the delineation of such definitions are tantamount to the structure and framing of the legal process. The particular definitions in question involved the priority of two concepts in determining the attribution of citizenship to a business: (1). The idea of a “nerve center” or central location responsible for the administrations and executive control of the business and (2). The “place of operations” definition, which precedes the condition of the “nerve center” as a consideration in determining the corporate citizenship. That is, if a business has more physical operations related to aspects pertinent to logistics (storage and transport) as well as if they make a significantly larger profit in that region, the business then is the citizen of that region, even if the “nerve center” is located elsewhere. In the case of Hertz Corporation, the court sided with the opinion that “In reaching this conclusion, the court applied Ninth Circuit p...
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