Question
what is the issue, rule, analysis & conclusion? Tom lives in West Virginia and owns and operates an appliance store located in Pennsylvania called Superior
what is the issue, rule, analysis & 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.
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