Identify who would be the plaintiff and the defendant

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Reference no: EM132283723

In this case, Javier is the plaintiff.

This is because in the case he is the one who was driving his car from New York to Dallas. His brakes failed while driving in Oklahoma and injured himself. Javier plans to sue Energy-Auto Company and thus he is the plaintiff.

Energy-Auto Company is the defendant.

This is so because Javier is suing the company for the failure of his brakes which resulted to him being injured.

In which state or states can the suit be brought?

New York State

Javier was driving his car in Oklahoma when the brakes of his car failed and injured himself. Therefore, the case would have to be filed in the state of New York because the company he is suing Energy-Auto Company does not do any advertising in the state of Oklahoma. However, New York courts may refuse to hear the case.

Instead, the case could be heard in Dallas state. The reason being Javier is a resident of Dallas. Considering that Javier incurred $100,000 in damages, he might have suffered bodily harm and thus may be immobile.

Analyze whether the suit can be brought in federal court

Federal courts

The Javier case can be filed at the federal courts. This is because the case falls under diversity of citizenship federal subject matter jurisdiction. Diversity jurisdiction provides for cases to be filled in a federal court whereby the plaintiff and the defendant come from different states.

In this case, Javier the plaintiff is from Dallas state while the defendant Energy-Auto Company headquarters are located in New York state. The case also meets the over $75,000 requirement under this type of federal subject matter jurisdiction. Javier incurred $100,000 in damages.

Advantages and disadvantages of federal versus state court

The advantage of filling the case in a federal court as opposed to a state court is that the case state court will not face local prejudice.

This is so because judges in the state courts are elected based on popularity while federal judges are appointed for life or until impeachment for misconduct or retirement. In state courts, the decision by the judge may be influenced by the fact that if the judge makes an unpopular decision they are likely to lose their jobs. A disadvantage is that the state court would not know how to handle the case as the court lacks the subject matter jurisdiction.

Is there a case at all that you can think of where the state legislation may be more in favor of this?

Reference no: EM132283723

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