FALL 2018
*INTRODUCTION
TO UNITED STATES LAW--Discussion
Problem No. 2--Jurisdiction and Venue
--Last Modified:
Friday, 13-Sep-2019 10:33:52 EDT
Discussion Problem
No. 2--Jurisdiction and Venue
Facts
Able, a natural person, is a citizen of
Florida, residing in
Miami-Dade County. Brown, a natural
person, is a citizen of Georgia
residing in Fulton County. Able and
Brown entered into a contract
for the sale of widgets, which they
executed and delivered during a
meeting in Atlanta, Georgia. The widgets
were to be sold by Brown to
Able, for delivery at Brown's factory in
Georgia. Able intended to
drive its delivery truck to Georgia to
pick up the widgets at Brown's
factory.
The purchase price for these widgets
was exactly $75,000. This
was a bargain price. Unfortunately for
Able, Brown breached its
contract of sale. Able diligently tried
to make an alternative
purchase and, in good faith, was only
able to find replacement
widgets for a price of $200,000, which
Able purchased from another
supplier in a covering transaction.
It is stipulated that neither this
contract nor the breach had a
connection to the state of Florida.
However, independent of the
transaction with Able, Brown has
numerous connections to Florida. Brown
sells many goods for delivery in Florida
to other customers (on
occasion, Brown has personally delivered
goods to northern Florida
using his truck if a customer offers to
pay him extra). And, Brown
purchases many components from sellers
in Florida, sometimes
traveling to Florida (including the Port
of Miami) to inspect
products for purchase prior to placing
an order. Indeed, Brown
sometimes drives to Florida to pick up
components. As Brown's
business has grown, Brown recently
signed a 10 year lease for space
in a warehouse located in Miami-Dade
County, near the Port of Miami. Brown
uses this warehouse space to store
components that he orders
from overseas suppliers prior to Brown
arranging for transportation
of those components to his workshop in
Atlanta.
Questions Presented
1. On these facts, in what courts might
Able file a complaint
against Brown for breach of contract?
2. Are there any additional courts in
which the case might end up
being adjudicated besides the court in
which Able initially files his
complaint against Brown?
3. Assume Able drafted the purchase
contract with Brown. Are
there any provisions which Able might
have included in the contract
to settle, in advance, in what court or
courts a contract dispute
might be resolved? (Assume Able has a
preference to conduct any
litigation in Florida.)
4. How would the answers to questions 1
and 2 change, if at all,
if Brown were not a natural person but
instead was Brown, Inc., a
corporation formed under the laws of
Georgia?
5. How would the answers to questions 1
and 2 change, if at all,
if Brown were a natural person but a
citizen of Florida, residing in
Orlando, instead of a citizen of
Georgia? (Assume the contract was
executed and delivered in Orlando, and
that Brown's factory was
located, and the delivery of widgets was
to take place, in Orlando.)
Hints on Structure of Answer
For Question 1, make sure you consider
which courts may have
subject matter jurisdiction over Able's
complaint. Then consider
which courts may assert personal
jurisdiction over Brown. Finally,
consider whether the possible courts you
have identified have proper
venue over the action. In Lecture 5, you
were introduced to various
federal statutes governing aspects of
jurisdiction and venue. You
should know that Florida has its own long-arm
statute and a statute governing proper
venue
in a Florida court (as linked
above and appearing below).
Fla.
St.
Title VI, chap. 47
47.011
Where
actions may be begun.--Actions
shall
be brought only in the county
where the defendant resides,
where the cause of action accrued,
or where the property in
litigation is located. This
section shall not apply to actions
against nonresidents.
History. s.
7, Nov. 21, 1829; s. 1, ch. 3721,
1887; RS 998; GS 1383; RGS 2579;
CGL 4219; s. 24, ch. 57-1; s. 12,
ch. 63-572; s. 6, ch. 65-1; s. 3,
ch. 67-254; s. 11, ch. 73-334.
Note. Former
s.
46.01.
Fla.
St.
Title VI, chap. 48
48.193
Acts
subjecting person to jurisdiction
of courts of state.
(1)(a)
A
person, whether or not a citizen or
resident of this state, who
personally or through an agent does
any of the acts enumerated in
this subsection thereby submits
himself or herself and, if he or she
is a natural person, his or her
personal representative to the
jurisdiction of the courts of this
state for any cause of action
arising from any of the following
acts:
1.
Operating,
conducting, engaging in, or carrying
on a business or business
venture in this state or having an
office or agency in this state.
2.
Committing
a tortious act within this state.
3.
Owning,
using, possessing, or holding a
mortgage or other lien on any real
property within this state.
4.
Contracting
to insure a person, property, or
risk located within this state at
the time of contracting.
5.
With
respect to a proceeding for alimony,
child support, or division of
property in connection with an
action to dissolve a marriage or
with
respect to an independent action for
support of dependents,
maintaining a matrimonial domicile
in this state at the time of the
commencement of this action or, if
the defendant resided in this
state preceding the commencement of
the action, whether cohabiting
during that time or not. This
paragraph does not change the
residency
requirement for filing an action for
dissolution of marriage.
6.
Causing
injury to persons or property within
this state arising out of an act
or omission by the defendant outside
this state, if, at or about the
time of the injury, either:
a.
The
defendant was engaged in
solicitation or service activities
within
this state; or
b.
Products,
materials, or things processed,
serviced, or manufactured by the
defendant anywhere were used or
consumed within this state in the
ordinary course of commerce, trade,
or use.
7.
Breaching
a contract in this state by failing
to perform acts required by the
contract to be performed in this
state.
8.
With
respect to a proceeding for
paternity, engaging in the act of
sexual
intercourse within this state with
respect to which a child may have
been conceived.
9.
Entering
into a contract that complies with
s. 685.102.
(b)
Notwithstanding
any other provision of this
subsection, an order issued, or a
penalty
or fine imposed, by an agency of
another state is not enforceable
against any person or entity
incorporated or having its principal
place of business in this state if
the other state does not provide a
mandatory right of review of the
agency decision in a state court of
competent jurisdiction.
(2)
A
defendant who is engaged in
substantial and not isolated
activity
within this state, whether such
activity is wholly interstate,
intrastate, or otherwise, is subject
to the jurisdiction of the
courts of this state, whether or not
the claim arises from that
activity.
(3)
Service
of process upon any person who is
subject to the jurisdiction of the
courts of this state as provided
in this section may be made by
personally serving the process
upon the defendant outside this
state,
as provided in s. 48.194.
The service shall have the same
effect as if it had been
personally
served within this state.
(4)
If
a defendant in his or her pleadings
demands affirmative relief on
causes of action unrelated to the
transaction forming the basis of
the plaintiff's claim, the defendant
shall thereafter in that
action be subject to the
jurisdiction of the court for any
cause of
action, regardless of its basis,
which the plaintiff may by amendment
assert against the defendant.
(5)
Nothing
contained in this section limits or
affects the right to serve any
process in any other manner now or
hereinafter provided by law.
History. s.
1, ch. 73-179; s. 3, ch. 84-2; s.
3, ch. 88-176; s. 3, ch. 93-250;
s.
281, ch. 95-147; s. 1, ch.
2013-164; s. 2, ch. 2016-207.
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