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Can my CLIENT file a lawsuit in a different state?
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Date: December 6th, 2019 1:29 PM Author: Green center brethren My Client lives in Florida. He was sold an insurance product in Florida. Agent fraudulently said that the product was sold in Georgia because agent wasnt licensed in Florida. Insurance company is based out of Texas. Can we file a state or federal case in Texas on behalf of my client? I am licensed in Texas but not in Florida or Georgia. I assume I can b/c defendant is not prejudiced by a case in the state in which it has its headquarters. (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224827) |
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Date: December 6th, 2019 1:30 PM Author: chrome very tactful gaming laptop house Are you asking about venue? Jurisdiction? How long have you been litigating? (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224834) |
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Date: December 6th, 2019 1:32 PM Author: Green center brethren i settle 99% of my cases pre-lit so never have to deal w these issues. (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224845) |
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Date: December 6th, 2019 1:34 PM Author: vigorous potus coffee pot lol (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224854) |
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Date: December 6th, 2019 1:35 PM Author: grizzly deer antler toaster (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224861) |
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Date: December 6th, 2019 1:39 PM Author: chrome very tactful gaming laptop house Well, if the defendant is headquartered in Texas, they are almost certainly subject to general personal jurisdiction in Texas.
The venue rules will depend on what court you are suing in and, potentially, what claims you are making, and whether there is an exclusive venue clause in the contract. |
Date: December 6th, 2019 1:31 PM Author: irate aqua travel guidebook becky i'll sponsor you pro hac vice in florida. (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224839) |
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Date: December 6th, 2019 1:33 PM Author: magenta beady-eyed love of her life Yes, you can sue in the defendant's state of incorporation or HQ state (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224852) |
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Date: December 6th, 2019 1:37 PM Author: Green center brethren where can i find support/backup for this? (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224869) |
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Date: December 6th, 2019 1:39 PM Author: chrome very tactful gaming laptop house www.AnyLawSchoolCivProCourse.com (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39224875) |
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Date: December 6th, 2019 1:40 PM Author: irate aqua travel guidebook becky lol
https://civilprocedure.uslegal.com/jurisdiction/personal-jurisdiction/ |
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Date: December 6th, 2019 1:42 PM Author: Green center brethren The POWER of xo
Thank you! |
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Date: December 6th, 2019 1:59 PM Author: Green center brethren So If i file in TX (company's incorporation state), can I reference FL law and FL causes of action / SOL in the complaint? Or does it have to be TX law, causes of action, and SOL? (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225000) |
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Date: December 6th, 2019 2:01 PM Author: irate aqua travel guidebook becky look man. you can sue in fl because that's where the damages occurred or coa accrued. or in texas because the defendant lives there and certainly can't object to difficulty in travelling to defend self and hire lawyers far away. bro this is beyond simple shit. (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225012) |
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Date: December 6th, 2019 2:03 PM Author: know-it-all resort ape But which state's law governs? (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225032) |
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Date: December 6th, 2019 2:04 PM Author: Green center brethren EXACTLy thats my question (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225040) |
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Date: December 6th, 2019 2:04 PM Author: irate aqua travel guidebook becky c'mon man. which ever state you sue in their laws. you think a texas judge has to study fl law? it's called forum selection...you got two choices you pick the one you want because of the state's laws ideally not because of plane ticket prices (which the client should obviously cover anyhow). (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225046) |
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Date: December 6th, 2019 2:06 PM Author: know-it-all resort ape So what's all this about the lake Erie Doctrine and shit? (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225054) |
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Date: December 6th, 2019 2:06 PM Author: chrome very tactful gaming laptop house This is a "choice of law" question, not "forum selection." At any rate, it's probably in the contract, unless P is asserting some statutory claim or something. (http://www.autoadmit.com/thread.php?thread_id=4396107&forum_id=2#39225057) |
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Date: December 6th, 2019 2:02 PM Author: Dun Galvanic Hall Water Buffalo XO 2009: discussing the finer points of constitutional SCHOLARSHIP
XO 2019: "wut is diversity jurisdiction? it better not involve TEENS or else!" |