Determining jurisdiction in the courts
Background/Facts: Determining jurisdiction in the courts can be confusing and complicated, but it is an important legal doctrine that businesses cannot ignore. Jurisdiction can affect business operations and determine business decisions, such as where the business is located and where and how to advertise and market the business. Where there are questions about possible jurisdiction in the courts, companies should consult an attorney.
TLG’s client, Clean, is facing other litigation and needs advice.
Clean is located in Maryland, but it advertises aggressively in all Mid-Atlantic States of Maryland, Delaware, Pennsylvania, West Virginia, and Virginia via the internet, social media, television, and mailings.
Recently Clean contracted with ABC Corporation (ABC), incorporated in Virginia, to clean ABC’s offices in Norfolk, Virginia. ABC paid for the cleaning and sanitizing services but later was dissatisfied with the services and sued Clean in Virginia to recover the cleaning costs. ABC is trying to decide whether it should file the case in Virginia or Maryland state court.
Applying the concept of personal jurisdiction to the scenario facts, discuss why you agree or disagree that the Virginia court has personal jurisdiction over Clean.
Applying the concept of personal jurisdiction to the scenario facts, discuss whether the Maryland court has personal jurisdiction over Clean.
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