Question
Mary Watson, a resident of Shawnee County, Kansas, wishes to bring an invasion of privacy lawsuit against Snowball, Inc., because the company used a photograph
Mary Watson, a resident of Shawnee County, Kansas, wishes to bring an invasion of privacy lawsuit against Snowball, Inc., because the company used a photograph of her, without her consent, in an advertisement for one of its products. The photograph was taken while she was hiking in the mountains of Colorado. Watson will ask for damages of $100,000 from Snowball, a corporation located in Summit County, Colorado. The ad was published in a Denver newspaper. Snowball also placed the ad on its website that is accessible by anyone with Internet. Mary comes to you for advice. How would you answer the following questions?
- a)If Mary wants to file in state court, in which state or states is jurisdiction proper? Explain. Be sure to address the two most obvious possibilities and state whether jurisdiction is proper there.
- b)If Mary wants to file her claim in federal court instead of state court, can she? Explain.
- c)If Mary files a claim in state court but Snowball wants the claim resolved in federal court, does the company have any options to do that? Explain.
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