The plaintiff is a business located in California. The defendant is a business located in Arizona. The
Question:
The plaintiff is a business located in California. The defendant is a business located in Arizona. The parties have entered into a contract whereby the California Company is going to provide goods to a customer of the Arizona company in Montana. The contract was entered into over the internet. The goods are delivered on time by the California business to the customer in Montana, but the Arizona company fails to pay for the goods.
A. Can the California company sue the defendant in Arizona? If so, how so; if not, why not?
B. Can the California company sue the defendant in California? If so, how so; if not, why not?
C. Can the California company sue the defendant in Montana? If so, how so; if not, why not?
Scenario 2
Assume is a franchised store. Sweet Licks & Bites, LLC, the franchisor, is incorporated in Delaware and with their principal place of business located in Illinois. A customer of SL&B in Rockville suffers food poisoning after ingesting ice cream from the Rockville store. The plaintiff wishes to sue both the parent corporation Sweet Licks and Bites, LLC as well as the SL&B and files suit in Delaware. The Mulvaneys, who operate the Rockville SL&B franchise, are in Delaware attending a franchise meeting. They are only there for one day. While they are there, they are served with the lawsuit involving the injury to their customer in Rockville, MD.
A. Does the state court in Delaware have proper jurisdiction over SL&B?
B. Does the state court in Delaware have jurisdiction over SL&B, LLC in Delaware?
C. Assume the plaintiff filed suit in Maryland, does the state court in Maryland have jurisdiction over SL&B? How about SL&B, LLC?
D. Assume the plaintiff filed suit in Illinois, does the state court in Illinois have jurisdiction over SL&B, LLC? How about SL&B?
E. Could the plaintiff sue SL&B in a state court in Virginia?
F. If the plaintiff wanted to sue in federal court, which federal court has jurisdiction? (For purposes of this question, assume the $75,000 threshold can be met by the plaintiff.)
Dynamic Business Law
ISBN: 9781260733976
6th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs