Question
Assume you are a paralegal, and your managing attorney has tasked you to research the following fact pattern. The firm's client, who lives in Birmingham,
Assume you are a paralegal, and your managing attorney has tasked you to research the following fact pattern.
The firm's client, who lives in Birmingham, Alabama, and is a frequent flyer with several airlines, was flying from Birmingham, Alabama, to New York on a direct flight to a New York Mets game. During the flight, the client attempted to use the restroom. When he opened the bathroom door, he interrupted a man on the toilet, sparking a violent confrontation between the client and the man. During the commotion, your firm's client and the man initially using the bathroom threw punches. When the plane lands, the police charge your client with assault in New York.
However, your firm's client believes that Alabama or the law of the state over which the plane was flying when the fight occurred. According to the flight records, the aircraft was flying over Tennessee or Alabama when the flight occurred.
Please provide your assigning attorney with research to support her advice to the client about which court should hear this matter. Where should this case be filed? Which court possesses subject matter and personal jurisdiction as well as venue?
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