1- First of all, we have to meet our client- the plaintiff- to review carefully the documents and then to see if there is a likelihood of success on the merits or not. According to the facts in the case, we would advise the plaintiff to bring the litigation based on the breach of commercial contract in the US in New York federal court because this is in the best interest of the client and for several reasons we will state latter. In addition, we have to explain both the pros and cons for bringing a case to state or federal court and how the system works there, as long as the contract does not state a litigation country or a court.
First, the appeal in state court is 30 days while in federal is 60 days. Also, in the state court there is the …show more content…
Also the court structure is different. In the present case, the facts show it's a business matter, thus, the authority is under New York state level for the commercial cases which called The Commercial Division court, while in the federal it called The Court of Appeal. Moreover, selecting judges and type of cases heard are different, too. In the federal court the judges are for life while in state they are appointed or elected. In the discovery devises side, the basic standards for discoverable information, as applied by New York State and federal courts, are largely the same under N.Y. C.P.L.R. § 3101(a) and Federal Rule of Civil Procedure 26(b). In the deposition, for example, the Commercial Division rules, like the federal rules, now typically limit the depositions to ten and allow them to last seven hours. However, the cost for the deposition is deferent because under the federal rule the “presumption is that the responding party must bear the expense of complying with discovery requests,” while in state court “the cost should bear the cost incurred in the production of discovery material.” For interrogatories, the Commercial Division rules as in the …show more content…
The defendant has no offices in New York or elsewhere in the United States. However, the plaintiff is a US company, Delaware corporation with a principle place of business in New York and has offices and showrooms in New York, L.A., and Chicago. The contract was signed and negotiated by both party in New York and Rome. Despite that, the defendant solicited the plaintiff in New York in person and by email and mail to purchase its parts for US Auto’s cars, furthermore, several visits were made by the defendant representatives to the plaintiff offices and showroom in New York City, and by the plaintiff to the defendant’s office in Rome. Additionally, the defendant sells not only to the plaintiff, but also to other auto companies inside the US. However, defendant had delivered some parts to the plaintiff under the contract, and the plaintiff sent money from its New York Bank to a Rome bank to pay to the defendant under the contract. As stated in the facts above, the plaintiff fulfilled his obligation to the defendant, clearly. However, there is a dispute in breach of contract between two different citizenship US, New York and Italy, Rome, which will be govern by the Federal rule under 28 USC § 1332. According to this rule, The Supreme Court held in Hertz Corp. v. Friend that "principal place of business" means the place where a corporation's high level
First, the appeal in state court is 30 days while in federal is 60 days. Also, in the state court there is the …show more content…
Also the court structure is different. In the present case, the facts show it's a business matter, thus, the authority is under New York state level for the commercial cases which called The Commercial Division court, while in the federal it called The Court of Appeal. Moreover, selecting judges and type of cases heard are different, too. In the federal court the judges are for life while in state they are appointed or elected. In the discovery devises side, the basic standards for discoverable information, as applied by New York State and federal courts, are largely the same under N.Y. C.P.L.R. § 3101(a) and Federal Rule of Civil Procedure 26(b). In the deposition, for example, the Commercial Division rules, like the federal rules, now typically limit the depositions to ten and allow them to last seven hours. However, the cost for the deposition is deferent because under the federal rule the “presumption is that the responding party must bear the expense of complying with discovery requests,” while in state court “the cost should bear the cost incurred in the production of discovery material.” For interrogatories, the Commercial Division rules as in the …show more content…
The defendant has no offices in New York or elsewhere in the United States. However, the plaintiff is a US company, Delaware corporation with a principle place of business in New York and has offices and showrooms in New York, L.A., and Chicago. The contract was signed and negotiated by both party in New York and Rome. Despite that, the defendant solicited the plaintiff in New York in person and by email and mail to purchase its parts for US Auto’s cars, furthermore, several visits were made by the defendant representatives to the plaintiff offices and showroom in New York City, and by the plaintiff to the defendant’s office in Rome. Additionally, the defendant sells not only to the plaintiff, but also to other auto companies inside the US. However, defendant had delivered some parts to the plaintiff under the contract, and the plaintiff sent money from its New York Bank to a Rome bank to pay to the defendant under the contract. As stated in the facts above, the plaintiff fulfilled his obligation to the defendant, clearly. However, there is a dispute in breach of contract between two different citizenship US, New York and Italy, Rome, which will be govern by the Federal rule under 28 USC § 1332. According to this rule, The Supreme Court held in Hertz Corp. v. Friend that "principal place of business" means the place where a corporation's high level