Question
1) Read and analyze the following situations and determine whether or not the federal court has jurisdiction under diversity of citizenship and briefly explain why
1) Read and analyze the following situations and determine whether or not the federal court has jurisdiction under diversity of citizenship and briefly explain why ?
(a)Brady and Jeffers, both citizens of North Dakota, wish to sue as a result of an automobile accident caused by the negligence of Crane, a citizen of Montana. The damages for each of them exceed $75,000.
(b)Same as in (a) except that Brady and Jeffers also want to name as a defendant, Dowd, the owner of the vehicle driven by Crane. Dowd is a citizen of North Dakota.
(c)Same as in (a) except that Brady is claiming damages of $50,000 and Jeffers is claiming damages of $40,000.
(d)Digicam, Inc., a manufacturer of digital cameras, is a corporation incorporated in the state of Delaware with its principal place of business in California. It distrib- utes its product through several national retailers who do business in several states, including Washington State. Reider, a citizen of the state of Washington, buys a defective camera that "explodes" while Reider is holding it, injuring Reider. The retailer who sold Reider the camera has declared bankruptcy. Reider wishes to sue Digicam, Inc. for his injuries. Reider is claiming that his damages exceed $75,000.
(2) Analyze the following situations and determine whether or not the forum state has personal jurisdiction and briefly explain why ?
(a) Review the Digicam, Inc. situation described in (d) of question (1) above. Based on the facts given, would the state of Washington have personal jurisdiction over Digicam?
(b)Go A Weigh, one of the corporations mentioned at the beginning of this chapter, maintains a Web site.The Web site contains a description and pictures of its equipment; a feature entitled "Frequently Asked Questions"; a list of names, addresses, and telephone numbers of vendors who sell the exercise equipment; and an e-mail address to contact the company for more information. You cannot order any equipment through the Web site. Marley is a resident of the state of Maine. Marley sees its Web site and wants to order equipment. Unfortunately, Go A Weigh does not distribute exercise equipment through any vendors in Maine. However, Marley calls a vendor (listed on the Web site) in New York. The vendor agrees to ship Marley equipment. Marley is seriously injured using the equipment and claims his injury is a result of a defectively designed product. Can Marley sue Go A Weigh in Maine? Business records show that the equipment manufactured by Go A Weigh is occasionally sold to Maine residents but that its total revenue for the state of Maine is less than 1%.
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