Question
Crazy Slides, Inc. (Crazy Slides) is an amusement park located in Phoenix, Arizona. Crazy Slides has several high-speed waterslides. Crazy Slides has a website advertising
Crazy Slides, Inc. ("Crazy Slides") is an amusement park located in Phoenix, Arizona. Crazy Slides has several high-speed waterslides. Crazy Slides has a website advertising the park, which sells tickets online to individuals all over the world that come to Arizona to enjoy the park.
Crazy Slides' website informs a customer as he or she is purchasing a ticket that the purchase of a ticket is subject to Crazy Slides' Terms and Agreement. A customer must scroll through such Terms and Agreement section before the individual can purchase a ticket. One of the terms is a provision which states that both the parties agree that any litigation which may arise from the purchase of a ticket must be brought in a court in Phoenix, Arizona.
Plaintiff is a citizen of Nebraska. Plaintiff purchases a ticket to Crazy Slides through Crazy Slide's website. Plaintiff reviewed the Terms and Agreement before purchasing his ticket. Plaintiff had never been to Arizona before. Unfortunately, while at the Crazy Slides park in Arizona, Plaintiff slipped and sprained his toe, incurring medical costs of $700.
Subquestion # 1: Assume for purposes of this subquestion only that Plaintiff files a lawsuit against Crazy Slides in a state court in Nebraska for negligence based upon Arizona common law. Assume that Crazy Slides has sold over 3,000 tickets to Nebraska residents over the last five years. Crazy Slides files a motion to dismiss the case based upon its Terms and Agreement, which requires any suit to be brought in Phoenix, Arizona. Please fully analyze whether the Nebraska state court should grant or deny Crazy Slides' motion.
Subquestion #2: Assume for purposes of this subquestion only that Plaintiff files a lawsuit in a state court in Phoenix, Arizona for negligence based upon Arizona common law. Crazy Slides immediately files documents to remove the case to the federal district court in Phoenix, Arizona. Plaintiff files a response in the federal district court to challenge this removal based upon a lack of subject matter jurisdiction in the federal district court. Please fully analyze whether the federal district court in Phoenix, Arizona has subject matter jurisdiction over Plaintiff's case.
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