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Analyze the jurisdiction requirements for the bennett case

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Reference no: EM133013578

Instructions

In this assignment, you will analyze the jurisdiction requirements for the Bennett case. Your attorney has provided additional information that is available in the attached document.

The attorney has asked you to draft a memo regarding jurisdiction for the Bennett file. Use the IRAC formula (Issue, Rule, Analysis, & Conclusion). The jurisdiction of federal courts is defined in the U.S. Constitution. You should review the rules relating to subject jurisdiction.

The case file includes the following information: Rikards-Hayley is incorporated in Delaware with its principal place of business in San Francisco, California. It has offices in several states. Bennett is employee in the New York office, located in Manhattan. There are federal and state law regarding employment discrimination based on sex. Your memo should address the following questions:

1. If the action is based on New York State law, does the New York trial court have both subject and personal jurisdiction over the defendant?

2. If the action is filed in a New York State court, identify the address for the court or courts that would have venue.

3. If the action is based on federal law (Title VII--42 U.S.C. 2000e), which courts would have subject matter jurisdiction, personal jurisdiction and proper venue?

4. If the action is filed in federal court under 42 U.S.C 2000e can the federal court also hear a claim for infliction of emotional distress (based entirely on state law) suffered by Bennett as a result of the discrimination?

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Reference no: EM133013578

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