*** For the purpose of this assignment, I am assuming the following is correct ***
• The State of Columbia enacted a long-arm statute subjecting a nonresident defendant to PJ in the state for a personal injury claim sought to recover damages from an automobile accident that occurred within the state.
• The statute permits process of service to be made outside Columbia's borders, and G is challenging the validity of P's service only on the ground that he was not personally served, (and through his wife.)
• G concedes that P need not to serve him within the State of Columbia and G may be served in the state of G's residence, NY.
Pam (P) v. Global Motors (GM)/ Gus (G)
Personal Jurisdiction
It is an authority to adjudicate claims and
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Constitutional Limitations
To comport with the Constitution, P must meet the minimum contacts standard set forth in International Shoe.
Minimum Contacts
The facts provide that P was riding in the GM’s bus driven by G at the time of the accident. Since the G was driving the company’s bus in the state of Columbia, GM is said to have purposefully availed itself of conducting its business in the state of Columbia. It is implied that G was driving in/through the state of Columbia as a usual course of business. It is reasonably foreseeable that an automobile accident can happen in Columbia as G was driving on the bus route in the state. This will be sufficient to satisfy the minimum contact requirement. GM reasonably should know that it could be haled into courts there. Thus, suing the defendants in Columbia would not offend notions of fair play and substantial justice. P’s claim relates to the forum state strongly because this is a personal injury claim for her injuries suffered in the bus accident that occurred in the forum state. G was involved in the accident within a scope of the employer-employee relationship because the accident occurred while he was on duty and driving the GM bus. Under the doctrine of Respondeat Superior, GM can be held liable for G’s negligence.
Therefore, the state of Columbia has PJ over GM and G.
Subject Matter Jurisdiction
Federal-Question
Claims can be heard in federal court if it arose under the laws of the United States, the
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with the plaintiff, Jane White. A negligence suit was filed by Ms. White against Mr. Calkin and our client, Sage Rent-A-Car Inc. The suit claims that our client is required to carry insurance and therefore has a duty to assume responsibility for this accident under the provisions of the Mandatory Financial Responsibility Act (MFRA).
7. Court’s Order: As a result of this holding the court has established sufficient law entitles P to have her case heard before trial court.
“No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be
Plaintiff’s Third Amended Complaint alleges Defendant, Norman Henson, Jr., is a non-resident involved in an automobile accident and subject to substituted service pursuant to Florida Statutes §48.161 and §48.171 Fla. Stat. See a Plaintiff’s Third Amended Complaint Attached hereto as Exhibit “A”.
Cal was a victim to several negligible acts that resulted in the loss of his legs. On the day in question Cal was a passenger in Abe’s car when it was in a collision with Deb’s vehicle. Although he only sustained minor injuries due to the initial impact, another negligible driver, Ann struck both cars causing Cal more traumatic injuries. Once Cal was at the hospital he was informed that he required a surgery to possibly save his legs, but was never explained the requirements or risks involved if the surgery was successful. He unknowingly consented to the surgery which was an unsuccessful, resulting in the loss of use of both of his legs. After the surgery Cal experienced indescribable amounts of pain and suffering, upon returning to the doctor it was discovered one of the surgeons had left a metal clamp inside Cal’s leg and sewed him up, which required additional surgery for its removal. Based on these facts, Cal has many legal rights to recover damages by those liable for his injuries.
I returned Ms Dunlap call. She said wants to place a formal complaint against the CPS worker Miranda Larson because she illegally removed her children based on false accusations. She stated that Miranda, like the entire CW are doing criminal activities. She then asked me if I had talked to her attorney? What was my conversation about, What did I disclose to them? What did they told me about her? "Be honest" she said. I informed her that I do contact her attorney because in one her DHS 0170 form the Discrimination Complaint form, she provided us her attorney's phone number and my conversation was about how can we contact her. She said that we should not be talking to her attorney because she just fired her.
The Unites States District Court for the Eastern District of Virginia, on cross motions for
Laws have been put in place of the years to ensure that everyone has equal opportunities when it comes to getting a job, keeping a job, and having access to goods, services, and locations. Several of the laws that have been enacted over the years include the Family Medical Leave Act of 1993, the Age Discrimination Act of 1967, and the Americans with Disabilities of 1990.
Analysis: The facts are Bill was struck by a motor vehicle driven by Ron. Bill suffered substantial injuries. Bill is from Fresno, California and Ron is from Las Vegas, Nevada. If you add up all the medical expenses, lost wages and pain and suffering Bill’s damage
State C’s long-arm statute provides that state courts may exercise personal jurisdiction “to the limits allowed by the United States Constitution.” The statute means State C’s long armed statute can be applied as long as it does not violate any constitutional laws. The fact pattern suggests nothing that insinuates there are any violations of federal law, consequently Diane would be able to file a federal claim based on PJ if she could establish PJ over Jack. As no property exist in the forum that would apply to this case, Diane must establish PJ through due process of service. Jack could simply just consent to service, but since he is contesting the suit under the basis of lack of SMJ and PJ, it is highly improbably that Jack would consent to service. Jack’s implied consent would also not apply here because, while he did travel/drive to state C, the case in question is not a result of his trip to state C. However,
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.
In this court case there are two theories of Law that Apply, Strict product liability and negligence. These theories were originally applied under Delaware law in the case, Stark ex re. Jacobsen V. Ford Motor Co. Thus raising the inquiry of how these theories may have varied had the case’s venue been located in Indiana.
The issue and lawsuit raised by State Y, which is representing not just itself, but all of the parties to the Outer Space Treaty of 1967, is that State X although not a party to the Outer Space Treaty, is still subject to it as a result of article 1 and article 2 of the treaty being deemed Jus Cogens or
Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order