Law - Legal Research

Question

Bobo Tannenbaum is a New York resident on vacation in Florida. While driving on Interstate I95, Bobo's cousin, Timmy Buttons, sends Bobo a fake news story about a Russian invasion of Maine. As Bobo looks down at his smartphone to read Timmy's text, Bobo does not see the car in front of him making a lane change. As Bobo looks up from his smartphone, Bobo notices of the car making the lane change and swerves to avoid a collision and hits Barb Wire, a hitch hiker walking on the shoulder of I95. Barb suffers severe injuries. Barb is a resident of Florida. If Barb files a lawsuit against Bobo for negligence, what court would be the proper forum for her lawsuit? If federal court the proper forum? Why or why not? Is state court the proper forum, why or why not?

Answer 1

There are three different aspects of determining the proper location for this lawsuit: subject-matter jurisdiction, personal jurisdiction, and venue.

Subject matter jurisdiction: This refers to a court's authority to hear a type of case. State courts are usually courts of general jurisdiction. This means that they can hear any type of claim. Florida state court definitely has subject matter jurisdiction over this case. Federal courts are courts of limited jurisdiction and can only hear cases authorized by the Constitution and by Congress. In this instance they can hear cases involving citizens of two different states, if the amount in controversy is over $75,000. So if Barb is claiming at least $75,000 in damages, she could file the case in federal court.

Personal jurisdiction: This refers to the court's authority to have the defendant at issue before them. Personal jurisdiction looks at the defendant's contacts with the forum state. Federal courts have personal jurisdiction over a defendant to the same extent that a state court sitting in the same location would have personal jurisdiction, so the analysis is the same. For this case, two state would potentially have personal jurisdiction. First, the state of residence of a natural person will have personal jurisdiction over that defendant. So Barb can file in either state or federal court in New York. Second, if the cause of action arises out of defendant's contacts with a particular state, then that state can exercise personal jurisdiction over the defendant. In this case, the cause of action arises out of Bobo's trip to Florida, i.e. out of his contacts with the state of Florida. So either state or federal court in Florida would have personal jurisdiction.

Venue: This refers to the most appropriate location to hear the case given the parties and the evidence. Generally venue is appropriate wherever the harm to the defendant occurred or where the majority of evidence is. Courts sometimes also consider the convenience of parties and witnesses. In this case, venue seems most appropriate in Florida. The harm occurred in Florida, and Barb, the defendant, lives there. There is no indication Bobo cannot travel to Florida, so venue is appropriate there.

Ultimately, either state or federal court in Florida would be appropriate. If Barbara is seeking $75,000 or more, she can file in federal court or state court. Otherwise she can only file in state court.