Mary, an Alabama citizen, purchases a chainsaw in Alabama manufactured by Chains, Inc. Mary saw a...

Mary, an Alabama citizen, purchases a chainsaw in Alabama manufactured by Chains, Inc. Mary saw a commercial for the chainsaw on television. Mary went to her local MalMart and purchased the chainsaw. When Mary attempted to use the chainsaw at her home, it malfunctioned and caused her to lose her left hand. Mary wants to file a lawsuit against Chains, Inc. for $300,000 in damages. Chains, Inc. is incorporated in Delaware and has its principle place of business in Georgia. In what court might Mary bring suit—an Alabama state court, a Georgia state court, a Delaware state court or a federal court—and why? What factors might influence Mary’s decision?

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Expert Solution

Note: This response is in UK English, please paste the response to MS Word and you should be able to spot discrepancies easily. You may elaborate the answer based on personal views or your classwork if necessary.

(Answer)

Venue: The state in which the lawsuit is filed is generally one where the defendant resides. In this case, since the principal business is in Georgia, it would be the Georgia state court. However, the plaintiff, in this case, is now disabled, under such circumstances; it is possible to file a case in the Alabama state court where the plaintiff resides. However, the state is usually a matter of debate between the defendant and plaintiff. Ultimately, it is the court that decides where the case will be fought.

Factors: One of the major factors that might influence Mary’s decision is the fact that she has undergone major surgery and would find it difficult to make the commute to a Georgia or Delaware court.

Court: Since the penalty amount is $300,000, it is a matter for the state court and not the appellate court or one of limited jurisdiction. Rather, the case would be handled by a state court or one with powers of general jurisdiction.

Conclusion: Mary would file a case in the Federal court with the consideration of the diversity jurisdiction since she is suing for $300,000. This is applicable when the plaintiff and defendant are applicants of different states.

Hayet Jeridi answered 1 year ago

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