BUS 311 wk 1 disc 1
Based on the information provided in the first hypothetical case problem in our text, if Javier decided to sue Energy-Auto Inc., Javier would be the plaintiff (the entity that is suing) and Energy-Auto Inc. would be the defendant (the entity that is being sued). Javier could sue in New York as our text states “… the action should be brought in the state with closer ties to the litigants or the subject matter of the action” (Rogers, 2012, sec. 1.2). He could also sue in Oklahoma, as that is where Havier was injured, so long as he provides due process (service of process). His injury in Oklahoma meets the minimum contact requirement for personal jurisdiction. “Minimum contacts may consist of doing business in the forum state, causing an injury there, or owning real estate there” (Rogers, 2012, sec. 1.2).
Even if Javier was suing for $100,000.00, he could only file in state court, as according to the diversity jurisdiction, there must be complete diversity to file suit in federal court. Since Javier and Energy-Auto are both ‘citizens’ of New York, there is no complete diversity of jurisdiction between the plaintiff and defendant. As to whether it is more advantageous to file in a state or federal court, it comes down to the details of the suit. The plaintiff should take into consideration the governing rules of each court, their potential jury pools, and even how quickly the case might move through the courts. I believe that the case would have to be evaluated on its own facts and merits.
Reference:
Rogers, S. (2012). Essentials of business law. San Diego, CA: Bridgepoint Education, Inc.
Even if Javier was suing for $100,000.00, he could only file in state court, as according to the diversity jurisdiction, there must be complete diversity to file suit in federal court. Since Javier and Energy-Auto are both ‘citizens’ of New York, there is no complete diversity of jurisdiction between the plaintiff and defendant. As to whether it is more advantageous to file in a state or federal court, it comes down to the details of the suit. The plaintiff should take into consideration the governing rules of each court, their potential jury pools, and even how quickly the case might move through the courts. I believe that the case would have to be evaluated on its own facts and merits.
Reference:
Rogers, S. (2012). Essentials of business law. San Diego, CA: Bridgepoint Education, Inc.