Question
Read the hypothetical below and then describe (i) the issue, (ii) the rule(s), (iii) how the rule(s) are likely to be applied by a court,
Read the hypothetical below and then describe (i) the issue, (ii) the rule(s), (iii) how the rule(s) are likely to be applied by a court, and (iv) and the likely conclusion.
Tom lives in West Virginia and owns and operates an appliance store located in Pennsylvania called Superior Appliances, Inc. Superior Appliances, Inc. is a West Virginia corporation and its registered business address is Tom's house. Tom's residence and the appliance store are within twenty miles of the West Virginia state line, and Superior Appliances, Inc. advertises heavily in both Pennsylvania and West Virginia. Susan, one of Tom's customers from Pennsylvania, had an unfortunate experience with a refrigerator purchased from Superior Appliances, Inc. in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Superior Appliances, Inc. because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Superior Appliances, Inc. sold the refrigerator to her as new without repairs. Susan sued Superior Appliances, Inc. in state court in Pennsylvania on a number of theories. Tom wants to know if he would be successful if he were to file a motion to move the case to federal district court in West Virginia.
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