Messersmith_Unit 4 Week 1 Assignment

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Feb 20, 2024

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Messersmith, Yuki 11/12/23 LSI-1000-001-24Q1 Unit 4 Week 1 Assignment: Case Analysis For each of the following scenarios: a) please explain what factors you have to consider in deciding what forum to bring your lawsuit. b) based on what you know about federal court jurisdiction, can you bring this lawsuit in federal court or not. The Lemon Tree Caper Judith lives in beautiful Savannah, Georgia. Judith is extremely proud of her garden; it was a runner up in the County Garden Fair last year. Judith plans to win the first prize this year and she has a well-thought-out plan. In order to impress the judges, Judith is going to plant six key lime trees along the far side of her garden. If Judith’s plan works out, the key lime trees will be full of small limes by the day of judging, and this will be a superb contrast to the delicate lemon yellow dandelion flowerbed planted just in front of the key lime trees. Judith sends away to a nursery in Key West, Florida, know for the beautiful key lime trees it produces. The trees cost $5,550 each, because only mature trees will produce fruit in time for this year’s fair. But this is a small price to pay for first prize. The trees arrive, and Judith plants them dutifully. Judith cares for the trees according to all package instructions, and the trees thrive beautifully. Unfortunately, about a week before the judging, Judith notices that the dandelion plants are starting to brown. As judging day approaches, the plants are turning increasingly brown, and although they are in bloom, look awful and wilted - much like old lettuce. Upon researching the problem, Judith learns that the acid from the key lime trees has ruined the dandelions. Instead of stark contrast, the garden looks like stark ruin. Judith doesn’t even eat key limes! Judith comes to your firm seeking to sue the Key West nursery for damages caused by the ruined dandelions and the lost competition. Answer the questions above.
a) What factors you have to consider in deciding what forum to bring your lawsuit? Some things that need to be considered in deciding what forum to bring the lawsuit are: 1. What jurisdiction does the case fall under? a. The main issue that would qualify this case to be tried in Federal court is because the parties involved in the case are from two different states and qualify it as a diversity jurisdiction issue. (Florida and Georgia) 2. What are Georgia/Florida’s long arm statutes? 3. Which venue would be the most convenient geographical location to bring the lawsuit? b) Based on what you know about federal court jurisdiction, can you bring this lawsuit in federal court or not. Yes, this case can be brought to federal court due to the jurisdiction issue. The Airport Encounter Sam and Stephanie were in La Guardia Airport, in New York City, returning from their vacation. They had taken a few days off and gone to see the Macy’s Thanksgiving Day Parade. The two had the vacation of a lifetime. While at the airport, Stephanie decided to purchase one last souvenir, as a reminder of her special trip. After musing over several selections, she decided on a globe, with a miniature Macy’s store and parade floats. When you shake the globe, the snow suspended in the liquid begins to fall. Upon arriving home, in Los Angeles, Stephanie sets her globe on a bookshelf. She’s fascinated by the beautiful scene, and shakes it every time she goes by the shelves. On one occasion, Stephanie picks up the globe and starts to shake it. At that moment the base falls off and the water inside splatters on Stephanie’s face and hands causing a severe burning sensation. Although there was no permanent damage, it took Stephanie several weeks to heal from the burns. Stephanie wants your firm to represent her in her lawsuit against the globe’s manufacturing company. Upon investigating, you learn that the globe is made by a company in Kalamazoo, Michigan. “Globes Unlimited” ships various souvenir globes to airports around the north east, but has never sent any merchandise to California.
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