Venue And Jurisdiction Explained

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Explain venue under us code * b
* U.S.C. § *(b) states three general rules for venue:
*. Venue is proper in a district where any defendant resides if all defendants reside in the state.
*. Venue can be in a district where a substantial part of the events giving rise to the claim occurred.
*. If there's no district under the above, venue is proper where any defendant is subject to personal jurisdiction.
Is venue proper if the defendant does business in that state, jurisdition
Yes, under * U.S.C. § *(b), venue can be proper if the defendant does business in the state and is subject to the court's personal jurisdiction.
Ehat come first vrnue or juridition in diversity controlling law
In a diversity case, jurisdiction typically comes first. It ensures that the court has the authority to hear the case. After jurisdiction is established, venue can be determined, which decides the most appropriate geographical location for the trial.
What case can i state for precedent
To provide a suitable precedent, I need to know more about your case. Could you please provide the general facts and legal issue at hand? Also, your location would be helpful.
Accident in puerto rico, defendant corporate iffice in georgia, does business in new york, plaintiff domicile in new york, priduct liability, diversity action
Based on your case facts, a precedent could be "Bristol-Myers Squibb Co. v. Superior Court of California" which dealt with jurisdiction related to plaintiffs not resident in the state where the defendant conducts business. For more specific precedents, consider consulting a legal professional.
What are the reinstatement of torts in new york state
Reinstatement of torts in New York state can be complex and depends on the specifics of the case. For example, the statute of limitations may vary. Can you provide more details about the particular tort you're interested in?
Product liability
In New York, for product liability torts:
- The statute of limitations is typically three years from the date of the injury.
- If the injury isn't discovered right away, the clock may start from the date of discovery.
- Reinstatement of a dismissed case may be possible under certain conditions, such as newly discovered evidence.
What are case precedents
Case precedents, also known as legal precedents, are legal cases that have already been decided by a court. These decisions serve as a rule or example to be followed in similar cases in the future. They are fundamental to the principle of stare decisis, which means "to stand by things decided".
What is the relevant law in new york in a product liability action
In New York, product liability is generally governed by:
- Article * of the Uniform Commercial Code (UCC)
- Common law principles of negligence, strict liability, and breach of warranty
- The General Business Law § * and § *, which protect against deceptive practices
Can you specify if you need information about a specific type of product liability?
Defective plumming caused personal injury
In New York, if defective plumbing caused personal injury, the following laws may apply:
- Negligence: If the manufacturer failed to exercise reasonable care.
- Strict Liability: If the product was unreasonably dangerous.
- Breach of Warranty: If the product didn't fulfill its intended purpose.
Can you provide more details about the incident?
The toilet bowl splashed water abd hit me in the eye, caused infection
I'm sorry to hear about your situation. In this case, you might have a product liability claim under New York law if you can prove the toilet was defectively designed or manufactured. Have you sought medical attention for your eye infection?
Yes all is ok now
I'm glad to hear you're okay now. If you decide to pursue a legal claim, you might also need to prove that the defective toilet directly caused your injury. Do you need any help finding a product liability attorney in New York?