Business Law 1: Chapter 2: Courts and Alternative Dispute Resolution: Case Problem Blueprint: Jurisdiction

The firm's headquarters are in Georgia, although the company does business in Florida. In what court might Callais bring suit—a Florida state court, a Georgia state court, or a federal court? What factors might influence her decision? What state(s) have personal jurisdiction over the trucking firm?

1. Georgia 2. Florida

Why?

1. residents of different states 2. over $75000

Why?

1. she has to travel there 2. she has to get a lawyer there 3. witnesses have to travel there

Why?

1. the court is closer to her home 2. may know or get recommendations for local lawyers 3. FL residents may be a more sympathetic jury 4. witnesses are there

Why? Yes, because it caused the accident in

Florida

Why? Its headquarters is in ____ and does business in ____

Georgia Florida

What type of statute allows one state to reach into another state and bring a defendant into the first state's courts?

Long-arm statutes

Marya Callais, a citizen of Florida, was walking along a busy street in Tallahassee, Florida, when a large crate flew off a passing truck and hit her, causing numerous injuries. She experienced a great deal of pain and suffering, incurred significant medical expenses, and could not work for six months. She wants to sue the trucking firm for $300,000 in damages. Who is the potential plaintiff in this lawsuit?

Marya

Does Marya want to sue the trucking firm in Georgia?

No

What if the truck did not cause the accident and was just passing through?

No

Can Marya sue the trucking firm in Georgia and Florida state courts?

Yes

Can Marya sue the trucking firm in a federal trial court?

Yes

Does Marya want to sue the trucking firm in FL?

Yes

Does the firm have minimum contacts in Florida?

Yes

What if the facts were different? What if the trucking firm did not do business in Florida but was just passing through-Could Marya still sue in Florida?

Yes

How does a court get personal jurisdiction over a plaintiff? When the plaintiff files a ____ in that court.

complaint

In order for Marya to sue the trucking firm, she has to file the lawsuit in a court that also has personal jurisdiction over the

defendant

Why? No, as there was no ____ contacts. Courts have held that generally the company must be advertising or selling goods in the state to have minimum contacts.

minimum

Why? Yes, if the trucking firm has ____ contacts in Florida.

minimum

Who is the potential defendant?

trucking firm