.
In its Order granting in part Zambelli's request for a preliminary injunction, the District Court stated: 2009 WL 159182, at *19.
The biggest shows can require up to 45,000 fireworks and 770,000 pounds of mortars. 2:08-cv-415, 2009 WL 159182, at *11 (W.D.Pa. 2008) (citing Gilbert v. David, 235 U.S. 561, 569, 35 S.Ct. 1015 ("[A]lthough possessing `some of the characteristics of a corporation' . They include some of the largest displays in the United States. Terms of Service. Id. Id. Until the May 2007 sale of Zambelli stock to non-family members, Wood intended to remain working for the Zambelli family for a long time and had no intention of leaving. 1991) (collecting cases). Wood counters that Pyrotecnico is indispensable because "[t]he claims against Pyrotecnico are integral to the case[,]" (Wood Supp. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Zambelli Fireworks Mfg. This timely appeal followed. However, considerations of efficiency, fairness, and judicial economy weigh against a wholesale dismissal of the action at this stage. Second, they argue that the restrictive covenant does not protect a legitimate business interest as required by Pennsylvania law.
2218. These displays include a variety of shells and high-intensity multi-shot devices that awe and inspire. Br. at 759.
We have held, applying Pennsylvania law, that legitimate business interests include trade secrets, confidential information, goodwill, unique or extraordinary skills, and specialized training that would benefit competitors. rely on donations for our financial security. The District Court's holding is consistent with Pennsylvania law on legitimate business interests. Federal courts are courts of limited jurisdiction, and when there is a question as to our authority to hear a dispute, "it is incumbent upon the courts to resolve such doubts, one way or the other, before proceeding to a disposition on the merits."
See, e.g., Baker v. AC S, Inc., 729 A.2d 1140 (Pa.Super. Prior to Wood's employment with Zambelli, Wood obtained an associate's degree in technical theater from Vincennes University and a bachelor's degree in theater from Indiana State University. (Zambelli Supp. Complete diversity requires that, in cases with multiple plaintiffs or multiple defendants, no plaintiff be a citizen of the same state as any defendant. 2:08-cv-415, 2009 WL 159182, at *11 (W.D.Pa. Though the absence of complete diversity deprives all federal courts of subject matter jurisdiction over this action, a federal court always has jurisdiction to determine its jurisdiction. (citing Black's Law Dictionary 340 (6th ed. For this reason, every federal court of appeals to address the question has concluded that a limited liability company, as an unincorporated business entity, should be treated as a partnership for purposes of establishing citizenship. We now join our sister circuits in holding that the citizenship of an LLC is determined by the citizenship of each of its members. 1977). The threshold question before this Court is our subject matter jurisdiction in light of the absence of complete diversity among the parties. [3] Wood also argues that the District Court improperly relied on its determination that the defendants "made a knowing, calculated decision to breach the 2005 Agreement" when it was weighing the equities of entering a preliminary injunction. Instead, corrections will be made in a blog post or in an article. In support of this position, Wood relies on Hess v. Gebhard & Co., 570 Pa. 148, 808 A.2d 912 (2002), which held that, under Pennsylvania law, "a restrictive covenant not to compete, contained in an employment agreement, is not assignable to the purchasing business entity, in the absence of a specific assignability provision, where the covenant is included in a sale of assets."
A traditional outdoor Zambelli Fireworks production is a complete sensory experience unlike anything else! The transaction was structured as a stock sale as opposed to an asset purchase for a variety of reasons, including the retention of various state and federal permits, licenses, and contractual relationships. only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." We therefore hold that a district court lacks discretion under Rule 65(c) to waive a bond requirement except in the exceptionally narrow circumstance where the nature of the action necessarily precludes any monetary harm to the defendant, and that such bond shall be issued irrespective of any request by the parties. It was a condition of Wood's employment with Pyrotecnico that he not take or use any Zambelli information or bring any trade secrets or proprietary information from Zambelli. Our jurisdiction to hear cases in diversity arises under 28 U.S.C. celebrations in the United States
However, one district court in this circuit, confronted with a similar question, persuasively concluded under Pennsylvania law that a stock sale, unlike a sale of assets, does not necessitate an assignment in order for the corporation to enforce an employment agreement. The threshold question before this Court is our subject matter jurisdiction in light of the absence of complete diversity among the parties. Because Stephen Vitale is a resident of New Castle, Pennsylvania, Pyrotecnico is a citizen of Pennsylvania and is not diverse from Zambelli, another citizen of Pennsylvania. Full relief is therefore available from both parties, albeit in separate forums. Corp., 554 F.2d at 1256. Smith, Fisher and Stapleton, Circuit Judges. The claims against Wood and Pyrotecnico jointly, including the conspiracy claims, allege theories of joint and several liability, which need not be tried together under state law. 28 U.S.C. Applying Rule 19(b), we have held that parties are indispensable if "in the circumstances of the case [they] must be before the court."
On certiorari, the Supreme Court held that the Court of Appeals itself had authority "to dismiss a dispensable nondiverse party" under Rule 21. A significant portion of Wood's responsibilities required contact with Zambelli clients. Zambelli argues that Pyrotecnico is a dispensable party under Federal Rule of Civil Procedure 19(b) and that this Court should exercise its authority under Federal Rule of Civil Procedure 21 to dismiss Pyrotecnico and proceed to hear the appeal on the merits as between Zambelli and Wood. 592 F.3d 412, Docket Number: Stephen Vitale, a resident of New Castle, Pennsylvania, is the managing member of Pyrotecnico of Louisiana, LLC. at 189, 110 S.Ct. We moderate comments.
And as with partnerships, where an LLC has, as one of its members, another LLC, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be" to determine the citizenship of the LLC. This reasoning is unpersuasive in two regards. Swiger, 540 F.3d at 182. We have held, applying Pennsylvania law, that legitimate business interests include trade secrets, confidential information, goodwill, unique or extraordinary skills, and specialized training that would benefit competitors.
§ 1332(a), which provides that district courts "have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and, and is between . 2), is particularly unpersuasive in light of Wood's allocation of three pages in his opening brief to the argument that Pyrotecnico should not have been included in the injunction because "the only cause of action remaining, and the only one on which the District Court could have based its partial grant of the preliminary injunction, was Count I for breach of contract against Wood."
Should the Court have occasion to consider the issuance of an injunction on remand, there will thus be other factors that weigh in favor of Zambelli when evaluating the risk of injury to Wood from a wrongful injunction. Stocks you've viewed will appear in this box, letting you easily return to quotes you've seen previously. 909, 912 (1906) (holding sale of all stock of bridge company to the city of Pittsburgh did not dissolve the corporate entity or dispatch the company's contract rights); accord Corporate Express Office Prods., Inc. v. Phillips, 847 So. Our commenting has been temporarily disabled. § 8322)). Feb 20, 2013 - Explore Tooty Kreitzer-Marshall's board "Zambelli Fireworks", followed by 112 people on Pinterest.
You can contact Jamie at 724-850-2867, jmartines@triblive.com or via Twitter . We disagree that waiver of Rule 65(c) is appropriate here. We do not read Hess to require such a subjective and unworkable analysis.
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