BMGT 380 UMGC Jurisdiction Discussion

Have to reply to a discussion board in which I agreed with the way VA Courts ruled . The attached will show a classmate that disagreed with the ruling . I also attached my resp

Running head: DISCUSSON: JURISDICTION
Discussion: Jurisdiction
Charity Keys
BMGT 380 Business Law I
Professor ……
Discussion: Jurisdiction
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DISCUSSON: JURISDICTION
As a company, Clean sells both cleaning products and cleaning services across state lines.
Although the business has many dealings in multiple Mid-Atlantic States, its physical address is
located in Maryland. Their business model is heavily based on advertisements over the internet
and social media. After being sued by ABC Corporation over a “less than perfect” job, the issue
of jurisdiction arose. The plaintiff (ABC Corporation) filed a lawsuit in the state of Virginia,
where it is located and where the job was done. The Virginia state court ruled that Clean is liable
to respond to claims of the plaintiff in that state citing personal jurisdiction.
I agree that Virginia state court has personal jurisdiction over the matter. Clean can argue
that Virginia does not have “Territorial jurisdiction” since both the company and its employees
are from a different state- Maryland (https://legaldictionary.net/jurisdiction/ ). The issue of
jurisdiction has often been a source of confusion. It is proper that the state of Virginia has claims
of personal jurisdiction over the matter because the actions of Clean have affected a Virginia
local. According to the tenets of the jurisdiction in cyberspace, the actions of an individual or
entity of one state can affect other entities in other states (https://corporate.findlaw.com/lawlibrary/jurisdiction-in-cyberspace.html ). In this respect, Clean through its website, is liable to the
negative effects arising from their services regardless of state. By using the long-arm Statutes,
the state of Virginia can claim personal jurisdiction over the case.
References
DISCUSSON: JURISDICTION
https://corporate.findlaw.com/law-library/jurisdiction-in-cyberspace.html

Jurisdiction

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Applying the concept of personal
jurisdiction to the potential case of Clean
V ABC leads to the conclusion that the
Virginia Court does not have personal
jurisdiction over Clean. Personal
jurisdiction of Clean resides in Maryland.
Clean is located in Maryland, where it is
incorporated and has its principle place
of business, and does not have a physical
location in Virginia. Although ABC is
located in Virginia, this does not grant
them personal jurisdiction over Clean.
The case will have to be brought to
federal court because of the concept of
exclusive jurisdiction. Exclusive
jurisdiction is established through Article
III of the US constitution, with the
relevant verbiage being controversies
between citizens of different states
(Government Regulation and the Legal
Environment of Business, 2012). The
federal court will also have subject
matter jurisdiction in this case. Article III
covers the necessary jurisdiction to hear
the case because the cases is a
controversy between citizens of different
states.
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states.
Maryland State Court has personal
jurisdiction over Clean, as they reside
and do business in Maryland. In addition
to the arguments of exclusive and subject
matter jurisdiction, the diversity of
citizenship jurisdiction is also relevant.
Under this jurisdiction, the defendant
can have the case heard in the federal
court due to the fact that a plaintiff’s state
court may favor their resident in the case
(Government Regulation and the Legal
Environment of Business, 2012). Since
Clean would most likely feel that filing in
federal court would give them a better
chance at winning their case, it would be
recommended that a defense attorney ask
for the case to be moved out of the state
court. According to both the diversity of
citizenship jurisdiction and the conflict of
law principles, ABC’s case against Clean
would likely be a case of breach of
contract, where Virginia law would be
applied in the federal court based upon
the location [state] where the contract
was executed (Government Regulation
and the Legal Environment of
Business, 2012).