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Law Case Study

Good Essays

*** 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 …show more content…

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

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