68. Using the same facts as Question # 67. The KDA files suit in federal court and successfully challenges the Tennessee law which is found to be unconstitutional in federal district court. The State of Tennessee files an appeal. Based on the above facts, answer the following questions

Who are the parties in this appeal? Label each party accordingly.

To what Court will Tennessee appeal (level).

69. Using the same facts as Question # 67 & 68. The appellate court is hearing the appeal. While researching the issues raised, the Court finds two cases, New York State Brewers Association vs. Wisconsin, 123 F.2d 456 (7th Cir. 1990) and Texas Wine and Grape Growers Association vs. California, 234 F.2d 567 (9th Cir. 1991). In NYSB v Wisconsin, the law being challenged stated that only Wisconsin brewed beer could be sold in Wisconsin. Similarly, in TWGGA v California, the law being challenged stated that only California fermented wine could be sold in California. In both cases, the state law survived constitutional challenges as an undue burden on interstate commerce (the Courts found the laws were not unduly burdensome). Based on the above facts, answer the following questions.

A. Should the Court find the Tennessee law to be unduly burdensome or not unduly burdensome? Why and/or why not?

B. Assume the Court also found a case, Florida Citrus Growers vs. California, 456 U.S. 789 (2015), in which the FCG challenged a Californian law, as an undue burden on interstate commerce,

when the Californian law stated that only orange juice made and produced in California could be sold in California. The Court ruling in FCG v. California, held that the law was an undue burden on interstate commerce; specifically, the Court found that a state cannot limit the sale of products from other states simply to insulate resident producers and makers from out of state competition. Does the ruling in FCG v. California, change your response to whether or not the Court should find the Tennessee law to be unduly burdensome or not unduly burdensome? Why and/or why not?

70. Anna, a resident of Kentucky, sells hand blown-glass figurines. Anna primarily sells her glassware at local festivals and craft-shows in Kentucky, Indiana, & Ohio. To supplement her in-person sales, Anna also runs an Etsy shop online. The vast majority of Annas sells on Etsy are to residents of the three (3) states listed above. She has never made a sale to anyone in Alaska, California, Florida, Hawaii, or Vermont. While at a craft show in Ohio, Anna sells a large glass figurine to Becky, who lives in Ohio. While gently, and with all care and due diligence, carrying the figurine to her car, the glass figurine shatters in Beckys hands due to Annas manufacturing defect. The shattered glass cuts Beckys arms, chest, and face, and pieces of glass gets lodged in Beckys eye. Becky is significantly harmed by the glass from the shattered figurine. Beckys mother, Carla, who lives in Florida, sees pictures of Beckys injuries on Facebook and experiences extreme emotional distress from seeing her daughter so badly hurt. Carla looks at Annas Etsy page and sees that Anna advertises to everyone in the United States and is willing to sell to anyone in the United States via an online order form. Carla does not order anything from Annas Etsy page. Using the above stated information, answer the following questions:

A: Becky wants to file a lawsuit against Anna in Ohio state court for damages due to the injuries she sustained from the shattered glass figurine. Discuss whether or not Ohio can exercise jurisdiction, both subject matter and personal, over Anna for this matter.

B. After Becky files her lawsuit in Ohio state court against Anna, Anna wants the matter to be heard in federal court, not Ohio state court. Discuss whether or not Anna will be successful in having

the lawsuit removed to federal court. What would Anna have to show to have the case removed to federal court?

C. Assume that Carla has standing to sue Anna for emotional distress. Carla wants to file a lawsuit against Anna in Florida state court for emotional distress related to seeing her daughter, Becky, so badly injured. Discuss whether or not Florida can exercise jurisdiction, both subject matter and personal jurisdiction, over Anna for this matter.