Why was schwarzenegger unable to sue fred martin

Assignment Help Business Law and Ethics

Reference no: EM133646006

Assignment:

Questions

1. Why was Schwarzenegger unable to sue Fred Martin in California?

2. Nicastro injured his hand while using a metal-shearing machine in New Jersey manufactured by J. Mcintyre Machinery, a company incorporated and operating in England. Nicastro filed a products liability lawsuit against J. Mclntyre Machinery in a New Jersey state court, basing personal jurisdiction in New Jersey on three primary facts: A U.S. distributor agreed to sell the company's machines in the United States; J. Mclntyre officials attended trade shows in several other states; and four of the company's machines were located in New Jersey. J. Mcintyre Machinery had not advertised in or sent goods to New Jersey.

a. Build an argument to support the claim of jurisdiction in the New Jersey court.

b. Decide. See J. Mcintyre Machines Ltd. v. Nicastro, 131 S. Ct. 2780 (2011).

3. Andra, a Missouri resident, used the eBay auction site to purchase a truck from Left Gate, a company based in Texas and a vehicle dealership doing a substantial portion of its sales through eBay with no physical presence or employees in Missouri. Andra agreed to purchase the vehicle using eBay's usual process. After completing the purchase, Andra spoke several times to Left Gate representatives in Texas to discuss delivery of the vehicle. Left Gate mailed a contract and buyer's guide to him at his Missouri address. The truck was delivered to Andra in Missouri by a third-party transporter. Andra later sued Left Gate for breach of contract due to vehicle defects in a Missouri trial court. Does that court have jurisdiction over Left Gate? Explain. See Andra v. Left Gate Property Holding, Inc., 453 S.W.3d 216 (Mo. 2015).

4. Burger King conducted a franchise, fast-food operation from its Miami, Florida, headquarters. John Rudzewicz and a partner, both residents of Michigan, secured a Burger King franchise in Michigan. Subsequently, the franchisees allegedly fell behind in payments and Burger King ordered the franchisees to vacate the premises. They declined to do so and continued to operate the franchise. Burger King brought suit in a federal district court in Florida. The defendant franchisees argued that the Florida court did not have personal jurisdiction over them because they were Michigan residents and the claim did not arise in Florida. The court found the defendants to be subject to Florida's "long-arm statute," which extends jurisdiction to "[a]ny person, whether or not a citizen or resident of this state," who "Iblreachles] a contract in this state by failing to perform acts required by the contract to be performed in this state." The franchise contract provided for governance of the relationship by Florida law. Franchise policy was set in Miami, although daily supervision was managed through various district offices. The case ultimately reached the U.S. Supreme Court.

a. What constitutional argument would you raise on behalf of the defendant franchisees?

b. Decide. See Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985).

Reference no: EM133646006

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