Jurisdiction. Marya Callais, a citizen of Florida, was walking near a busy street in Tallahassee one day when a large cart flew of a passing truck and hit her, resulting in numerous injures to Callais. She incurred a great deal of pain and suffering plus numerous medical expenses, and she could not work for 6 months. She wishes to sue the trucking firm for $300,000 in damages. The firm's headquartes are in Georgia, although the company does business in florida. In what court may Callais bring suit-a Florida state court, a Georgia state court, or Federal court? What factors might influence her decision?
2007-09-23 08:09:17 · 3 answers · asked by mikeym_84 2 in Politics & Government ➔ Law & Ethics
Looks like they added a lot of information you don't need, just to get you thinking.
The incident occured in Florida, they would have jurisdiction. The fact the business is from Georgia has nothing to do with it.
As far as federal court, they only get involved on violations of federal law, or infringement of constitutional rights.
The only factor you need to consider is where it occured.
2007-09-23 08:19:32 · answer #1 · answered by trooper3316 7 · 0⤊ 1⤋
Many factors may influence the decision -- far too many to list here -- that's the subject of entire semesters of classes dealing with the tactical considerations of venue and conflict of laws.
Federal diversity jurisdiction applies if the parties are from different states, and the amount in controversy is over $75K. So, that seems to apply. Next, consider the venue rules -- and which federal court is appropriate.
Federal question jurisdiction applies if the plaintiff has a claim under federal laws or regulations -- do any federal laws, or perhaps FTC regulations apply?
As a Georgia company, the Georgia state court has jurisdiction over the defendant -- but there are venue considerations, as above.
For the Florida court to have jurisdiction over the Georgia company, among other things, the company must have sufficient "minimum contacts" to make the applicable Florida long-arm statutes valid. See the "International Shoe" case and its progeny for details.
2007-09-23 15:51:40 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
The incident occured in Florida, so the suit should be filed there. The company must respond no matter where the suit is filed.
2007-09-23 15:17:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋