Read the Hypothetical Case Problem # 1below and respond to these questions:

1. If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

2. In which state or states can the suit be brought?

3. Assume that Javier incurred $100,000 in damages.

a) Analyze whether the suit can be brought in federal court

b) Explain the advantages and disadvantages of federal versus state court for this type of suit.

Guided Response: Analyze and respond to at least two of your classmates’ postings, Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.

Hypothetical Case Problems

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.

1. 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 foresee ability? If it had ruled otherwise, where would makers of products potentially have to stand trial? What would this do to their costs?

Answer rating: 100% (QA)

1 In the case Javier is a plaintiff EnergyAuto Inc is the defendant 2 Seven possible places where a product liability suit might be brought against a manufacturer The state where the manufacturer is i... View the full answer