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Long Arm Statute Examples1 Assume a North Dakota statute (the only applicable long arm statute) grants North Dakota state courts personal jurisdiction over corporations only
Long Arm Statute Examples1 Assume a North Dakota statute (the only applicable long arm statute) grants North Dakota state courts personal jurisdiction over corporations only if the corporations have their place of incorporation or principal place of business in North Dakota. Now assume that an automobile manufacturer is incorporated in Delaware with its principal place of business in Delaware. The car company has a plant in North Dakota, though, and it sells cars from there. A North Dakota citizen buys one of the cars in North Dakota, and the car is defective. The customer sues the company in North Dakota state court. A. B. Would personal jurisdiction be constitutional in North Dakota? Does the statute authorize the court to exercise personal jurisdiction in this case? If the defendant moves to dismiss this case on personal jurisdiction grounds, should the court grant the motion? Would there be subject matter jurisdiction in this case? If the case were brought in federal district court in North Dakota and the plaintiff alleged damages in excess of $75,000, would there be subject matter jurisdiction? Would there be personal jurisdiction over the defendant in federal court if the defendant made a timely motion to dismiss
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