Question

Rosalba, a resident of New Mexico, claims that Pet Food Company, Inc., put out some dog food that made her dog, Champ, sick. Champ is a prize-winning poodle. He survived the pet food fiasco only after traveling to a veterinarian in Florida specializing in poodles and only because he had two very expensive surgeries. Additionally, his ability to sire has been impaired, and Rosalba will earn no more breeding fees from Champ. Her damages are $100,000. Pet Food Company, Inc., is incorporated in Delaware, with its principal place of business in New Mexico. Rosalba asks you whether she can sue in federal court. What would you tell her and why? Explain jurisdiction here and why you decided this.

Answer 1

I 'd tell Rosalba not to bring the case to Florida Federal Court. The court should have jurisdiction over the person against whom the case is brought before it is hearing the case. Immigration court only has authority over cases concerning Federal issues or identity diversity. Rosalba here is a New Mexico native and the claimant, Pet Food Company has its primary place of operation in New Mexico.

Therefore citizenship diversity can not be applied here. Within the state in which it is organized, a company is entitled to personal control and has its principal office and I d doing business. Rosalba will then file the case in New Mexico or Delaware because the company is registered in Delaware and has its main place of operation in New Mexico.

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