Law hw help?

Hes gunna ask questions from these cases, and i want to know a few things

1. A person from New Jersery sues another from New York in the major federal trial court in NY wanting money for damages in 50k. The plaintiff and defendant has lawyers who are licensed in NY. Is the plaintiff entitled to request a jury trial? What court does this go under?

2. Plaintiff bought a travel hair dryer in NY. While driving to Arizona she stops at a motel in Oklahoma and attempts to dry her hair. But the dryer was defective and sent a current of electricity through her. Plaintiff in Oklahoma tried to sue the NY retailers and the wholesaler who provided it to the retailer. These defendants claimed that since they only sell the merchant in NY the Oklahoma court has no person jurisdiction over them. Is this true? What does the Oklahoma court need to have jurisdiction over the defendant? If this went to court which court would it go under?

Law hw help?

"1. .....Is the plaintiff entitled to request a jury trial?"

Yes.

"What court does this go under?"

Federal District Court.

"2. ...the Oklahoma court has no person jurisdiction over them. Is this true?"

Yes - but it's "personal jurisdiction".

"What does the Oklahoma court need to have jurisdiction over the defendant?"

Either that the transaction occurred in Oklahoma, or that the defendant have a physical presence there.

"If this went to court which court would it go under?"

New York State court. Not sure what NY calls their lower level courts. (They call their middle courts the "Supreme Court"... so who knows ? )

Richard

Law hw help?

1. Yes, they can have a jury, and since you already said it was federal court, I don't understand what the final question is asking.

2. Given that it was a "travel hair dryer", I suspect that any court would reason that the defendants (both manufacturer and retailer) had to expect the product to be taken to and/or used in any or all fifty states. Oklahoma's law will determine the correct way to exert "long arm jurisdiction" over them, which probably is going to involve a process server. The plaintiff could probably take their pick of either Oklahoma state court, or the Federal District court, since there would be diversity jurisdiction for the Federal court.

Law hw help?

If the hair blower was purchased in America it had to have a seal of safety approval, if the unit was defective there is no jurisdiction problem the charges are make primarily against the company and the manufacturer and rarely against the seller unless they litigant can prove the unit was dangerous and the seller was aware it had been recalled. any lawyer will tell you the same thing.

the jurisdiction makes no difference in a product safety violation case.