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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: Painfully Honest Blood Rage Resort 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: deranged kink-friendly area 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: Painfully Honest Blood Rage Resort 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: Amber Deer Antler 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: vigorous potus (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: deranged kink-friendly area 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: Carnelian Organic Girlfriend Famous Landscape Painting 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: territorial ebony nursing home 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: Painfully Honest Blood Rage Resort 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: deranged kink-friendly area 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: Carnelian Organic Girlfriend Famous Landscape Painting lol
https://civilprocedure.uslegal.com/jurisdiction/personal-jurisdiction/ |
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Date: December 6th, 2019 1:42 PM Author: Painfully Honest Blood Rage Resort The POWER of xo
Thank you! |
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Date: December 6th, 2019 1:59 PM Author: Painfully Honest Blood Rage Resort 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: Carnelian Organic Girlfriend Famous Landscape Painting 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: mahogany greedy preventive strike 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: Painfully Honest Blood Rage Resort 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: Carnelian Organic Girlfriend Famous Landscape Painting 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: mahogany greedy preventive strike 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: deranged kink-friendly area 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: Mind-boggling tank XO 2009: discussing the finer points of constitutional SCHOLARSHIP
XO 2019: "wut is diversity jurisdiction? it better not involve TEENS or else!" |