Explain the advantages and disadvantages of federal versus state court for this type of suit
Read the Hypothetical Case Problem #1 at the end of Chapter 1 and respond to these questions:
If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.
In which state or states can the suit be brought?
Assume that Javier incurred $100,000 in damages.
Analyze whether the suit can be brought in federal court
Explain the advantages and disadvantages of federal versus state court for this type of suit.
hypothetical Case Problems
Case 1. Javier is traveling from his home in New York to Dallas, Texas. While driving through Oklahoma, his brakes fail and he is injured in the ensuing crash. Javier wants to sue the maker of his car, Energy-Auto Inc. Energy’s headquarters is in New York. It does not have any dealerships in Oklahoma or do any advertising in Oklahoma.
In which state or states can the plaintiff sue the defendant?
Assume that the plaintiff will sue the defendant for $100,000 in damages. Can the suit be brought in federal court? Explain.
If Javier only had relatively minor damage, and was suing for $9,000, could he sue in federal court?
In a similar situation, a defendant argued that the auto manufacturer could still be held liable in Oklahoma, because it was foreseeable that the defective car could end up there and cause injury. The court disagreed, and found Oklahoma did not have jurisdiction. Why did the court think it inadvisable to base jurisdiction on foreseeability? If it had ruled otherwise, where would makers of products potentially have to stand trial? What would this do to their costs?
……………………Answer preview………………….
In this case, the plaintiff can only sue the defendant in the states that the defendant operates in, or advertises its products in those states. As a result of this, Javier could not have sue Energy-Auto Inc in Oklahoma. Instead, he should wait until he gets back to New York, or any other state that Energy-Auto Inc operates in……………………………………….
APA
323 words
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