Explain the specific allegations that paul complaint needs

Assignment Help Business Law and Ethics

Reference no: EM133209163

Question - Paul lives in the Eastern Judicial District in New Maryland. He was having his car serviced at a local auto dealer in the state of New Maryland. While he was at the dealership, Paul saw a sign for a "Super Engine Booster." The sign claimed the booster was safe and effective and would increase a car's gas mileage and horsepower. Paul buys the Booster online by accessing the website. It is shipped to Paul at his home.

Booster Corporation sells numerous car products on its website. Booster Corporation has three locations. One is a plant in New Florida where all car products other than the Booster are made and shipped. One is in West Carolina where the Super Engine Booster is made and shipped out to customers. The third is in East Virginia where the executive, administrative and financial functions are handled. Booster Corporation is incorporated in Old Delaware. Booster does not have any physical presence in New Maryland, but it did have to register with the New Maryland Secretary of State's office to sell and advertise its product in New Maryland and that included designating an agent in the state.

Paul self-installed the Booster at his home, and then took his car for a test drive. While driving, the engine throttle became stuck and the car began to accelerate dangerously. Paul crashed into a ditch on the side of the road in a town that is located in the Southern Judicial District in New Maryland. He suffered a concussion and a broken arm. His car was damaged beyond repair.

Paul filed a lawsuit against Booster Corporation for his injuries in the United States District Court for the Eastern District of New Maryland alleging that the Super Engine Booster is defective and unreasonably dangerous. He seeks $100,000 damages for his personal injuries and the damage to his car. Booster moved to dismiss Paul's claim for failure to state a claim under FRCP 12(b)(6).

Question 1 - Explain the specific allegations that Paul's complaint needs to include in order to survive the motion to dismiss.

Question 2 - Since Booster Corporation has no physical facility or presence in New Maryland, how can Paul effectuate proper service of the complaint and summons on Booster?

Paul is then contacted by an attorney who represents 30 other people that were harmed by the Super Engine Booster in a manner that is similar to what happened to Paul. She wants to represent Paul as well and either join the other 30 people as plaintiffs, or turn Paul's case into a class action against Booster in New Maryland, with Paul to be the named class representatives. The other 30 people live in different states. None of them live in New Maryland, but some do live in states where Booster is located.

Question 3 - Discuss whether the requirements for joinder and for a class action are met and which approach the attorney should take. Assume that personal jurisdiction exists over Booster Corporation in New Maryland.

Reference no: EM133209163

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