Answered step by step
Verified Expert Solution
Question
1 Approved Answer
PipPip, LLC, a California Limited Liability Company, sells stuffed animals where you can record your own custom message which will play back when the button
- PipPip, LLC, a California Limited Liability Company, sells stuffed animals where you can record your own custom message which will play back when the button on the stuffed animal is pressed. PipPip, LLC has many storefront location within California, which accounts for approximately 95% of it overall sales, online sales to customers located in state other than California accounts for the remaining 5% (including sales to New Mexico). PipPip, LLC hos no stores or warehouses in any other state and is only registered in California. PipPip, LLC has recently contracted with Crush, Inc., a Texas corporation, to provide the recording/playback devices. This is the first contract PipPip, LLC has ever had with Crush, Inc. Daniel, a of New Mexico was visiting California and purchased a stuffed animal from one of the storefront of PipPip, LLC after recording his custom message. While at the store, Daniel and the salesclerk disused how Daniel lived in New Mexico and the salesclerk had mentioned how PipPip, LLC was looking to expand into New Mexico and may open new stores there in the future. Daniel returned to New Mexico and there discovered that after pressing the playback button five times, the recorded message no longer played back and instead he heard a message from Crush, Inc., denigrating PipPip, LLC and anyone who bought from them. Each time the button was pressed after that point increasingly vulgar and derogatory recording were played back instead of the custom recording. Daniels filed a suit against PipPip, LLC in New Mexico and PipPip, LLC responded that there was insufficient jurisdiction to maintain the suit against them in a New Mexico Court and sought to have the lawsuit dismissed. PipPip, LLC filed a suit against Crush, Inc. in Texas and Crush, Inc. responded that PipPip, LLC did not have the requisite authority to maintain a suit in a Texas court and sought to have the lawsuit dismissed. Discuss whether there is jurisdiction in New Mexico for Daniel to maintain a lawsuit against PipPip, LLC and whether PipPip, LLC has the authority to bring a lawsuit against Crush, Inc. in Texas.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started