Bus206milestone1.docx - BUS 206 MILESTONE 1 1 Business 206 Milestone One Case Study Number One Maranda Fenton Southern New Hampshire University CASE

Bus206milestone1.docx - BUS 206 MILESTONE 1 1 Business 206...

This preview shows page 1 - 4 out of 9 pages.

BUS 206 MILESTONE 1 1 Business 206 Milestone One Case Study Number One Maranda Fenton Southern New Hampshire University
Image of page 1

Subscribe to view the full document.

CASE STUDY ONE 2 CASE STUDY ONE Case Study One involves a lawsuit brought against Novelty Now Inc. and Chris, Matt, and Ian (California residents) by Donald Margolin after using their aftershave product Funny Face. This product was purchased by Margolin via the internet and after use his face was discolored a permanent color of blue. Margolin and his company, Donald Margolin Empire Inc. filed the suit in New York alleging negligence for the use of a low cost emulsifier (PYR) in their Funny Face Aftershave. PYR is not FDA approved, and Margolin is seeking medical costs and compensation for damages to his face and business reputation as a CEO and public speaker. PRY was discovered to be the culprit that caused the discoloration of Margolin’s face. In order to determine the appropriate court for this particular case there are three aspects to consider. Personal jurisdiction, subject matter jurisdiction, and minimum contacts laws. Federal court, State court, and long arm principals will also need to be considered. Chris, Matt, and Ian are all residents of California whom contract with Novelty Now Inc. which is based out of Florida to manufacture and distribute their product. Donald Margolin filed a suit in his resident state of New York which requires case analysis to determine the appropriate court for this suit. Personal jurisdiction is the court’s power to make decisions that will affect the rights of a specific person before the courts, and the power to hear and determine lawsuits validity. (Kubusek et al., 2013). In this particular case, determining personal jurisdiction is important because the lawsuit was filed in the state of New York against people whom are residents of California and a manufacturing company that is based in the state of Florida. The Funny Face website stated that no one could take Chris, Matt or Ian to court and the contract they have with Novelty Now Inc. states that all disputes must be brought in the state of Florida.
Image of page 2
CASE STUDY ONE 3 The United States courts require two types of jurisdiction in order to hear a case, and those two things are personal jurisdiction and subject matter jurisdiction. Subject matter jurisdiction refers to the particular types of cases (subject) that is involved to determine if the court can hear that type of case. An example of subject matter jurisdiction would be a civil court does not have jurisdiction to hear criminal cases. This jurisdiction applies to this case study in regards to the alleged negligence and compensation suit to determine if the courts are allowed to hear this type of case.
Image of page 3

Subscribe to view the full document.

Image of page 4
  • Spring '15
  • ROSE

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes