CASE PROBLEM: Sam lives in Miami, Florida. Priscilla lives in Denver, Colorado.

Question

CASE PROBLEM: Sam lives in Miami, Florida. Priscilla lives in Denver, Colorado. Sam drafts some Facebook posts that defame Priscilla, and Priscilla suffers harm to her reputation in Denver, CO. Priscilla files suit against Sam in Miami District Court. You are the attorney representing Sam. Answer the following questions 1) Can you get the case out of Florida? Why or why not? 2) can you get the case out of Miami District Court, and if so, how and on what legal basis? Explain in detail with 150-250 words.

Explanation / Answer

1. Cases and lawsuits is usually handled in the location of the defendant. This is because, the jurisdiction of the local court over the act of crime or tort committed by the defendant is local. This is why Priscilla filed the suit in Miami District Court in spite of her being in Denver Colorado. No other state courts will have jurisdiction over Sam and thus the case cannot be taken out of Florida.

2. Ideally the lawsuits are filed in the district courts. However, only in certain cases, the case can moved from a state court to a federal court. Miami District Court is a state court and the only way this case can be moved to a federal case is on the basis of a legal ground that the plaintiff and the defendant are completely diverse citizens and the lawsuit is over $75000. Priscilla is a citizen of Denver and Sam is a Citizen of Florida. Thus the first condition is satisfied. Now only if the claim for damages is more than $75000 then the case can be moved from Miami District Court to Federal District Court.

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