QUESTIONS

For each of the following fact scenarios answer 2 the following 4 questions and cite the statute(s) or rule(s) that is most applicable to each question:

a.Which state and federal courts in Ohio have subject matter jurisdiction?

b.Why does the court have personal jurisdiction over the defendant?All Ohio residents are subject to service of process by any Ohio court; no citation is necessary for this proposition.

c.Which court is the best venue for filing an action and why?Identify the applicable rule(s) and choice(s), and then give your opinion as to which is best and why.

d.What is the best method of obtaining service of process on the defendant?Identify the applicable rule(s) and choice(s), and then given your opinion as to which is best and why.

SAMPLE ANSWER:Because the plaintiff is bringing a cause of action over a patent, the US Federal Court has exclusive jurisdiction pursuant to 28 USC 1338.Because both the plaintiff and defendant residents are from Ohio, the Ohio Federal District courts would be the appropriate federal jurisdiction.Specifically, the fact pattern says that the parties both reside in Dayton, so the Southern District Court of Ohio would be the specific venue.In this case, under Ohio Rules of Civil Procedure 4.1(A)(1)(a), I would serve the defendant via certified mail.

1.After eating a seafood meal at a local Red Lobster near his home in Springfield, Paul became violently ill with food poisoning, suffering severe cramping, nausea, vomiting, discomfort and pain, which he alleges aggravated his pre-existing Crohn's disease, which was in remission. Paul sues the corporation which owns the restaurant, N&D Restaurants, which is incorporated in Florida, seeking $31,000 in lost wages, $17,000 in medical bills, future medical expenses, and an amount in excess of $25,000 for pain and suffering.

2.Yvonne, a resident of Dayton, was involved in a car accident on I-70 near Columbus when a tractor-trailer, driven by Kirk, a resident of Columbus, went left of center and crashed into her vehicle. At the time of the accident, Kirk was acting within the scope of his employment for a trucking company, Mr. Bult's, Inc., a corporation from the state of Illinois.Yvonne was severely injured in the accident and her medical damages alone will exceed $100,000, and is seeking to hold both Kirk and his employer liable for her injuries.

3.Darrian, a student at the University of Cincinnati, went to United Dairy Farmers for an ice cream treat, and was shocked when an employee falsely accused her of shoplifting and called the police.Darrian was detained there for over 2 hours before the police arrived, and upon inspection of her book bag it was confirmed that she had no stolen items and was released. Darrian wants to file an action for intentional race discrimination in violation of 42 U.S.C. 1981 which prohibits any private party in a contractual relationship from treating the other in such a hostile manner that any reasonable person would find it discriminatory.Darrian seeks $2,200 in actual damages, plus attorney fees and costs.

4.Joe, a resident of Erie, Michigan, was employed by Walmart located in Toledo, Ohio. Walmart is incorporated in the State of Arkansas, but has many stores in both Michigan and Ohio.Plaintiff injured himself at work by twisting his knee the wrong way while pushing a cart, and since it happened on the job, Walmart sent him to the emergency room, where a routine blood test revealed positive for marijuana.Joe was fired for violating the employee policy against drug use, and Joe sued for wrongful termination based on alleged violations of the federal Americans with Disability Act (ADA), because of his medical condition. Joe can prove that he was a registered user under Michigan's Medical Marijuana law at the time of the incident. Joe is suing for current and future lost income, which together may exceed $100,000.