Reference no: EM133293332
1. While driving through rural New Jersey on a stormy winter night, Stephanie was driving too fast for the icy road conditions and hit Grace's car. Grace is a resident of Vermont. Stephanie is a resident of New York. As a result of the accident in New Jersey, Grace suffered serious injuries that resulted in $200,000 in medical bills. Grace can sue Stephanie in a (A) federal court due to diversity jurisdiction; (B) federal court due to federal question jurisdiction; (C) New Jersey state court due to diversity jurisdiction; (D) New Jersey state court due to federal
question jurisdiction.
2. Because of her celebrated performance on Broadway in The Apple Tree, Kristin was hired to star on Broadway in a new musical version of The Cherry Orchard. The musical became a smash hit, primarily because of Kristin's Tony Award winning performance. Because The Cherry Orchard was a somewhat unusual musical, and because the producers worried that they might not recover their investment if Kristin left the show before it broke even, they signed Kristin to an unusually long 2-year contract to play the leading role. Many facts about Kristin's unusual contract were widely reported in Variety, other entertainment industry publications and both the New York Times and the New York Post. A year into the run of The Cherry Orchard, however, Kristin received an offer to play the lead role in a big-budget movie musical, Maleficently Evil. She and the Maleficently Evil producers sign a contract for her to star in the movie musical, and she withdrew from The Cherry Tree musical on Broadway with 10 months left on her contract, breaching her contract with the Broadway play producers. Without Kristin in the lead role, the play closed a month after Kristin withdrew. The production did not recoup its investment, so the producers and the investors lost a large part of their investment in The Cherry Orchard.
a. If the producers of The Cherry Orchard sue the producers of Maleficently Evil, what common law tort would be the principal basis for such a suit? (Remember, the focus is not on Kristin's behavior or claims against Kristin. The focus is on the producers of Maleficently Evil.)
b. Identify the necessary elements of the common law tort that you identify as the basis for the suit by The Cherry Orchard producers and the facts in our situation that satisfy each of those elements
3. Daniel, a resident of Boca Raton, Florida and aspiring filmmaker, was safely driving his car to New York City. While passing through South Carolina on I-95, he was involved in an accident with Michael, who was recklessly driving a moving van for his employer, I'm the Moving Guy Inc., a Nevada corporation with its principal place of business in North Carolina (the Corporation), in connection with an office move that the Corporation was handling for a South Carolina business. Daniel's car was destroyed, at a loss of over $35,000. While Daniel was not seriously injured, he did need to spend some time in the local emergency room for x-rays and evaluation. He also had to stay overnight in South Carolina while his insurance company arranged for a loaner car. The accident caused him to miss an important financing meeting in New York City concerning a film on which he was working. Daniel estimates that missing the meeting cost him at least $150,000 in financing for his film. Michael has no significant assets, but the Corporation has substantial assets.
a) Can Daniel sue the Corporation? Please explain your answer.
b) If Daniel can sue the Corporation, which court or courts in which state or states would have subject matter and personal jurisdiction? Please be sure to consider all possible state or federal courts in all possible states.
c) What damages could Daniel recover from Michael and/or the Corporation? Be specific and consider all possible types and forms damages in this situation.