Two Civ Pro Questions...

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RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Two Civ Pro Questions...

Postby RR320 » Thu Nov 10, 2011 7:17 pm

Can anyone help me answer this:

1. Ross and Alan entered into a contract in NY for Ross to buy 1000 computers from Alan's company. Ross refuses to pay and Alan's company brings suit in Arizona. What would Ross's best defense be?

2. In limited circumstances do federal courts have nationwide personal jurisdiction?

Thanks.

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booboo
Posts: 1032
Joined: Tue Oct 20, 2009 10:39 pm

Re: Two Civ Pro Questions...

Postby booboo » Thu Nov 10, 2011 7:27 pm

RR320 wrote:Can anyone help me answer this:

1. Ross and Alan entered into a contract in NY for Ross to buy 1000 computers from Alan's company. Ross refuses to pay and Alan's company brings suit in Arizona. What would Ross's best defense be?

2. In limited circumstances do federal courts have nationwide personal jurisdiction?

Thanks.


1. What? There are not enough facts here to even make a preliminary judgment.

2. I believe so, see GMAC v. Raju.

RR320
Posts: 65
Joined: Wed Nov 09, 2011 6:07 pm

Re: Two Civ Pro Questions...

Postby RR320 » Thu Nov 10, 2011 7:51 pm

Sorry, I realized after I posted that I don't think I put all the info in. I don't really remember all the facts in the problem to be honest, but Peter is a citizen of NY and I guess his company's primary place of business is in Arizona. They are suing Ross (NY citizen) in Arizona, and we are being asked what his best defense would be. I don't remember all the answers, but two were that he could argue that Arizona is inconvenient for him ( but i'm assuming there was a forum selection clause, and he can't really say that then), and one of the other answers that I remember is that Peter is a party in the suit.

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bk1
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Re: Two Civ Pro Questions...

Postby bk1 » Thu Nov 10, 2011 7:58 pm

RR320 wrote:Sorry, I realized after I posted that I don't think I put all the info in. I don't really remember all the facts in the problem to be honest, but Peter is a citizen of NY and I guess his company's primary place of business is in Arizona. They are suing Ross (NY citizen) in Arizona, and we are being asked what his best defense would be. I don't remember all the answers, but two were that he could argue that Arizona is inconvenient for him ( but i'm assuming there was a forum selection clause, and he can't really say that then), and one of the other answers that I remember is that Peter is a party in the suit.


Depending on the circumstances there won't necessarily be complete diversity.




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