Venue Jurisdiction In Ny

Summary

In the Southern District of New York, a civil case can be brought under diversity jurisdiction if the parties are from different states and the amount in controversy exceeds $75,000. A plaintiff can generally file in their home state if the court has jurisdiction, which depends on the defendants significant presence and activities in the state. Relevant US codes include 28 U.S. Code § 1332 and § 1391, and case law such as International Shoe v. State of Washington.

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Civil, duversity, product liability
Thank you for the information. In the Southern District of New York, a case can be brought under "diversity jurisdiction" if:
- The parties are citizens of different states.
- The amount in controversy exceeds $*,*.
The product liability can be under the New York Product Liability Act. Can you provide more specifics about your situation?
Csn the plaintiff file in his home state
Yes, a plaintiff can generally file a lawsuit in their home state. However, the court must have jurisdiction over the subject matter and parties involved. If the defendant has sufficient contacts with the plaintiff's home state, the court may exercise jurisdiction.
What is the degree if that contact
The degree of contact needed for a court to exercise jurisdiction over a defendant usually includes:
- The defendant has a significant presence in the state.
- The lawsuit relates to the defendant's activities in the state.
- The defendant has consented to jurisdiction in the state.
What is the controlling us codes, ststues or case law, precedents
The controlling US codes for your situation could be:
- * U.S. Code § * - Diversity of citizenship; amount in controversy; costs
- * U.S. Code § * - Venue generally
Case law precedents often vary, but a landmark decision for personal jurisdiction is "International Shoe v. State of Washington."
Please consult a legal professional for detailed advice.
What us codedesls with defendant having a businesd in the state where the court has venue an jurisdition
To understand better, are you asking about the US codes pertaining to a court's jurisdiction over a defendant who conducts business in the same state as the court? Also, can you confirm if this is related to a federal or state case?
Yes
Sure, here are the relevant US codes:
- * U.S. Code § * - Diversity of citizenship; amount in controversy; costs
- * U.S. Code § * - Venue generally
These codes cover diversity and venue. The "doing business" standard for determining jurisdiction originates from case law, like International Shoe Co. v. Washington.
Yes
For a court to exercise jurisdiction over a business defendant:
- The business must have sufficient minimum contacts in the state where the court is located, under International Shoe Co. v. Washington, * U.S. * (*).
- US Code Title *, Section *(b)(*) and (c)(*) also apply.
Is this case federal or state?