The Bennett Case

Assignment 2: Determining Jurisdiction

You have been given additional facts regarding the Bennett case (from Chapter 1 Commentary and Appendix B). Bennett's employer, Rikards-Hayley, an investment banking firm, is a corporation incorporated in Delaware with its principal place of business in San Francisco, California. It has offices in several states. Bennett is employed in the New York office, located in Manhattan. Your supervising attorney does not believe that this case will settle. It will probably go to trial. Preliminary research indicates that both state and federal laws exist regarding employment discrimination based on sex. Your supervisor asked you to review the Bennett research file (see Appendix B)

1. If the action is based on New York state law, does the New York trial court have both subject and personal jurisdiction over the defendant?
2. If the action is filed in a New York state court, locate the address for the court or courts that would have venue.
3. If the action is based on federal law (Title VII42 U.S.C. 2000e), which courts would have subject matter jurisdiction, personal jurisdiction, and proper venue?
4. If the action is filed in federal court under 42 U.S.C. 2000e, can the federal court also hear a claim for infliction of emotional distress (based entirely on state law) suffered by Bennett as a result of the discrimination?