Does the federal court have jurisdiction

Assignment Help Management Theories

Reference no: EM131377354

Mariana Deutsch worked as a knitwear mender and attended a school for beauticians. The sink in her apartment collapsed on her foot, fracturing her big toe and making it painful for her to stand. She claims that as a consequence of the injury she was compelled to abandon her plans to become a beautician because that job requires long periods of standing.

She also asserts that she was unable to work at her current job for a month. She filed a tort claim against Hewes Street Realty for negligence in failing properly to maintain the sink. She brought the suit in federal district court, claiming damages of $85,000. Her medical expenses and actual loss of salary were less than $7,500; the rest of her alleged damages were for loss of future earnings as a beautician.

Hewes Street moved to dismiss the suit on the basis that Deutsch's claim fell short of the jurisdictional requirement and therefore the federal court lacked subject matter jurisdiction over her claim.

The district court dismissed the suit, and Deutsch appealed. Does the federal court have jurisdiction? Explain.

Reference no: EM131377354

Questions Cloud

The affordable care act : The Affordable Care Act, otherwise known as “Obama care”, was passed in 2010 and President-elect Trump has stated he plans to repeal and replace this healthcare law which added healthcare coverage to 20 million Americans may lose coverage.

Did the new hampshire courts have jurisdiction : Mark Womer and Brian Perry were members of the U.S. Navy and were stationed in Newport, Rhode Island.- Did the New Hampshire courts have jurisdiction? Explain.

What loads are exerted on the ends of the tube : Careful measurements indicate that the fixed ends separate by 0.20 mm. What loads are exerted on the ends of the tube, and what are the resultant stresses?

Compare and contrast between leading and trailing metrics : Compare and contrast between leading and trailing metrics. Provide examples and explain those that you believe are most useful to the organization and why?

Does the federal court have jurisdiction : Mariana Deutsch worked as a knitwear mender and attended a school for beauticians.- The district court dismissed the suit, and Deutsch appealed. Does the federal court have jurisdiction? Explain.

Determine the minimum cross sectional area : Determine the minimum cross sectional area the cable shown must have if the allowable stress in the cable is 10,000 psi. Check both lengths AC and CD and let the most critical portion control the size for the whole length ACD.

Should the petition of perry and johnson be granted : Perry and Johnston filed a petition in a California state court to compel arbitration under Section 2 of the Federal Arbitration Act, which was enacted pursuant to the Commerce Clause of the U.S. Constitution. Should the petition of Perry and John..

Determine the pressures at all the four points of contact : If the bottom width of of the box where the two cylinders are fitted is 180 mm, with one side vertical and the other inclined at 60°, determine the pressures at all the four points of contact.

Was the alabama supreme court correct : The court found that the Federal Arbitration Act, which preempts conflicting state law, did not apply to this contract because its connection to interstate commerce was too slight. Was the Alabama Supreme Court correct? Explain.

User Account

All Pages