There are three important considerations the appropriate courts have in this lawsuit against Novelty Now, Funny Face and Chris, Matt, and Ian:
Personal jurisdiction is, the court can exercise judicial power and can sue the defendant. In the case of, Mr. Margolin filed a lawsuit in New York against Novelty Now and Chris, Matt and Ian. The personal jurisdiction can be waived for Chris, Matt and Ian that live in California and has a contract with Novelty Now located in Florida. Being that Chris, Matt and Ian sell their product from the internet website, they wouldn’t meet the criteria for personal jurisdiction nor would Novelty Now. When Long-arm jurisdiction is exercise jurisdiction over a state, the defendants, whether on a statutory basis …show more content…
Therefore, the purpose of diversity jurisdiction, a person’s citizenship is determined by the person’s domicile, not by the person’s residence and the amount in controversy exceeds $75,000 for federal law or a combine of $75,000. Now if a plaintiff attempts to avoid federal jurisdiction by failing to allege a question of federal law in the complaint and only pleading state law in a claim filed in state court, where the claim under state law, it is completely trumped by federal law, therefore the federal courts can retain subject matter jurisdiction over the …show more content…
It is also defined as any malicious action that causes harm or damage to another and is punishable by certain penalties, such as imprisonment, fines, or both. Fraud is a wrongful or criminal deception intended to result in financial or personal gain by committing a crime, acts within a scope of employment and with the intent to benefit from a corporation. How the case got to where it did was by Chris’ actions directing Novelty Now to use PRY (which wasn’t approved by the FDA) and is a cheaper generic chemical that cause Mr. Margolin face to turn blue. Which was misleading on what the product originally was used to gain extra income in Funny Face. Novelty Now is just as guilty as Chris in this endeavor. When you switch a product in your original ingredients for a cheaper one, Novelty Now knew that they were taking a risk dealing with a new product that they have to have a Material Safety Data Sheet (MSDS) letting them know what kind of chemical they are putting in the product. So, whoever signed the contract at Novelty Now would be the one going down with Chris if it went to the federal courts like thinking it would. Matt and Ian could also get fraud charges against them since they were partners in the
Personal jurisdiction is, the court can exercise judicial power and can sue the defendant. In the case of, Mr. Margolin filed a lawsuit in New York against Novelty Now and Chris, Matt and Ian. The personal jurisdiction can be waived for Chris, Matt and Ian that live in California and has a contract with Novelty Now located in Florida. Being that Chris, Matt and Ian sell their product from the internet website, they wouldn’t meet the criteria for personal jurisdiction nor would Novelty Now. When Long-arm jurisdiction is exercise jurisdiction over a state, the defendants, whether on a statutory basis …show more content…
Therefore, the purpose of diversity jurisdiction, a person’s citizenship is determined by the person’s domicile, not by the person’s residence and the amount in controversy exceeds $75,000 for federal law or a combine of $75,000. Now if a plaintiff attempts to avoid federal jurisdiction by failing to allege a question of federal law in the complaint and only pleading state law in a claim filed in state court, where the claim under state law, it is completely trumped by federal law, therefore the federal courts can retain subject matter jurisdiction over the …show more content…
It is also defined as any malicious action that causes harm or damage to another and is punishable by certain penalties, such as imprisonment, fines, or both. Fraud is a wrongful or criminal deception intended to result in financial or personal gain by committing a crime, acts within a scope of employment and with the intent to benefit from a corporation. How the case got to where it did was by Chris’ actions directing Novelty Now to use PRY (which wasn’t approved by the FDA) and is a cheaper generic chemical that cause Mr. Margolin face to turn blue. Which was misleading on what the product originally was used to gain extra income in Funny Face. Novelty Now is just as guilty as Chris in this endeavor. When you switch a product in your original ingredients for a cheaper one, Novelty Now knew that they were taking a risk dealing with a new product that they have to have a Material Safety Data Sheet (MSDS) letting them know what kind of chemical they are putting in the product. So, whoever signed the contract at Novelty Now would be the one going down with Chris if it went to the federal courts like thinking it would. Matt and Ian could also get fraud charges against them since they were partners in the