If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

Case 1 – Javier is traveling from his home in New York to Dallas, Texas. While driving through Oklahoma, his brakes fail and he is injured in the ensuing crash. Javier wants to sue the make of his car; Energy Auto Inc. Energy’s headquarters is in New York. It does not have any dealerships in Oklahoma or do any advertising in Oklahoma.

Question 1 – If Javier sued Energy-Auto Inc., identify who would be the plaintiff and the defendant.

Question 2 – In which state or states can the suit be brought?

Question 3 – Assume that Javier incurred $100,000 in damages.

·        Analyze whether the suit can be brought in federal court

·        Explain the advantages and disadvantages of federal versus state court for this type of suit.

Discussion Response #1 (Rhopsody)-

In the case of Javier versus Energy Auto Inc. if Javier were to sue the Energy Auto Inc., Javier would be the plaintiff and Energy Auto Inc. would be the defendant. Based on the written information in the case problem, the suit should be brought in New York because the plaintiff and the defendant are based out of New York. However the suit can be brought in either state. Assuming that Javier incurred $100,000 in damages the suit can be brought in Federal court because the amount exceeds $75,000. “Diversity jurisdiction means that the plaintiff (the person suing) and the defendant (the one being sued) are from different states. There is also a requirement that the claim be over $75,000. Since these cases typically involve state law claims such as breach of contract or personal injury, it may seem odd to find them in federal court. The rationale is that an out-of-state party might face local prejudice in state courts (where judges are often elected, and may lose their jobs if they make an unpopular decision) and so they are given the choice to go to federal court (where judges are appointed for life or until they retire or are impeached for misconduct)” (Rogers, S. (2012)).

Need a response for this discussion 1 post ASAP answering the following; Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.

Discussion Response #2 (A.Morris)-

The plaintiff, who would be the person suing, would be Javier (Roger, 2012). The defendant would be Energy-Auto Inc..

The case can be held in either New York or Oklahoma because New York is the state which Javier resides and Oklahoma is where the accident occurred. The case cannot be heard in any other state due to the fact that Javier only has residency in New York and was traveling in Oklahoma when the incident occurred. The reason these are the only two place the case can be held is due to subject matter jurisdiction, which would not allow the case to be heard in states which Javier was not residing or traveling through at the time of the accident (Rogers, 2012).

The suit can be held in federal court due to the sum of money which is being talked about. The advantage of federal court for Energy-Auto Inc. would be the fact that the suit could be a long drawn out process and that Javier would lose interest or the expenses would accumulate and he would not be able to afford to pursue the case. The disadvantage would also be the time it could take to go through the system. The time it would take for the suit could lead to bad publicity for the company and could actually cause them to lose some business.

Need a response for this discussion 1 post ASAP answering the following; Do you agree with their conclusions? Did the facts you considered important in determining jurisdiction differ from your classmates? Explain why or why not.