Case Briefs.Week2

Case Briefs.Week2 - Kelly Bowers 103679426 Case Briefs Week...

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Kelly Bowers 103679426 Case Briefs Week 2 F ACTS : Amanda Mastondrea (Π) bought a travel package from Liberty Travel (a New Jersey branch of a chain owned by Libgo) to stay at the Royal Hideaway Playacar in Mexico (a hotel owned by the Dutch corporation Occidental Hotels Management, B.V. and the Spanish company Occidental Hotels Management, S.A.) after reading an ad in the Newark Star Ledger (a NJ publication) regarding the relevant travel package. On June 16, 2003 Π slipped on a wet staircase and broke her ankle. Π filed a negligence suit in a New Jersey state court against the hotel, its owners, and others (Δ). Δ requested dismissal on the grounds that the court did not have personal JDX over them. The court ruled otherwise and the hotel appealed this ruling to a state intermediate appellate court. I SSUE : Does the NJ state court have JDX over a company that has no direct presence in New Jersey? R ULE OF L AW : Common/Case Law Courts have generally sustained the exercise of personal JDX over a given Δ who, as a party to the forum state or who should have anticipated that his conduct would have significant effects in that state. A NALYSIS : Δ entered into a contract with a NJ entity, Libgo which agreed to solicit business for Δ and derived a profit from that solicitation. Although Libgo’s business extends beyond NJ, part of its customer base resides there. As a result of this contract, Δ successfully sought vacationers from NJ and derived profit from them. Therefore, Δ should have reasonably anticipated that its conduct would have significance in NJ. C ONCLUSION : The Superior Court of the NJ Appellate Division was sufficiently convinced that the targeted advertising conducted pursuant to the cooperative marketing agreement on behalf of Δ provided the minimum contacts necessary to support NJ JDX in this case. F ACTS : Morrison (Π) is an African-American woman who signed an obligatory arbitration agreement upon taking a managerial position with a Cincinnati, OH Circuit City branch (Δ). The agreement holds that each party is required to pay ½ of the costs associated with arbitration following the issuance of an arbitration award. If the employee is unable to pay said fees within 90 days then those costs (excluding attorney fees) are limited to the greater of either $500 or 3% of their most recent annual compensation. After a two-year employment, Π was terminated. Π alleges that her termination was the result of race and sex discrimination and filed a lawsuit complaining of such in Ohio state court (Her financial burden for the arbitration in this instance would be 3% of her last annual salary of $54,060 or $1,622). Δ removed the case to federal court
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This note was uploaded on 12/08/2011 for the course MGMT 1A taught by Professor Litt during the Spring '08 term at UCLA.

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Case Briefs.Week2 - Kelly Bowers 103679426 Case Briefs Week...

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