Posted by John Merchant on October 11, 2009 at 10:42:08:
In Reply to: Re: Bluffing game posted by jenn on October 11, 2009 at 07:59:09:
Ah, law profs love these jurisdiction questions.
To bring suit anywhere, the plaintiff has to allege and prove, if he can, that his chosen forum (the particular court where he files his suit) has jurisdiction of both the defendant and the matter at hand.
And you wouldn't believe the jillions of trees that have been sacrificed in the printing of the court decisions on this juris. deal.
On a little deal like your case, the plaintiff might sue in his own state, but could not then easily serve you so as to bring YOU within his court's jurisdiction.
States have each and all enacted various "long arm statutes" to enable its courts to nab & nail a defendant who used that state's highways when the defendant got reckless and through his bad driving, hurt or killed a resident of that state.
And also a defendant who "did business" in that state causing harm to one of its citizens. Hundreds of cases in all 50 states about what is/is not "doing business".
e.g. a traveling salesman who is driving through 4 states on a sales trip and runs over somebody might then be allege and prove he was NOT DB in that state because that state's laws said his activities there did not amount to DB under its laws.
And many (most?) states that have addressed a LL/T case where the T is suing the LL, have ruled that the LL was NOT DB in that state by merely renting its house; ergo that state does NOT thereby have juris. over that D.
So a lawyer would probably advise the P (sue-er) to file in YOUR state and locale so as to deprive you of the jurisdiction defense, and since it's not enough money to make it worthwhile, the P probably wouldn't bother as it wouldn't be economical.
I've just spent more time answering your question than any practicing lawyer would want to spend answering that P's questions for free, so once he quotes the fee he wants, the P is going to evaporate like so much smoke.
See what I mean about tenant's calling your bluff?
- Re: Fave law school question jenn 15:59:41 10/11/09 (0)