BUS-206 Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively.
BUS-206 Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively/
BUS-206 Apply the rules of jurisdiction to the facts of this
case and determine what jurisdiction(s)
would be appropriate for Margolin’s lawsuit against Funny
Face and Novelty Now, respectively.
Consider federal court, state court, and long arm principles in
your analysis/
A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s)
would be appropriate for Margolin’s lawsuit against Funny Face and Novelty Now, respectively.
Consider federal court, state court, and long arm principles in your analysis.
A can court proposed that a long-arm statute could be used only when the defendant has either actively
marketed a product or the web site has a degree of interactivity that suggests the website seeks to do
business. The website for Funny Face states that anyone buying their product cannot take Chris, Matt,
and Ian to court. Most lawsuits that can be filed in federal court can also be filed in state court. Novelty
Now’s contract with the three men states that all disputes must be brought in the state of Florida. Since
it has been proven that Margolin’s skin discoloration was caused by PYR, which is (a low-cost chemical
emulsifier) compound in Novelty Now’s original formula and more that like produced in Florida, the case
may need to be filed in Florida. This may not matter because of the internet advertisement. Chris, Matt,
and Ian had minimum contacts with NY. Once the minimum contacts requirement is met, the court must
determine that the contacts are sufficient so that the assertion of jurisdiction will not offend the
traditional notions of fair play and substantial justice.
B. Assume all parties agree to pursue alternative dispute resolution (ADR). Analyze the
advantages and disadvantages of two types of ADR appropriate for this case. Be sure to define
the characteristics of each in your answer.
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1. Mediation
In mediation, an impartial individual called the “mediator” is brought to help the parties involved in
business disputes collaboratively brainstorm resolutions that are mutually acceptable. In the end,
the parties, not the mediator, have control over the outcome of the mediation proceedings. The
mediator’s main role is to help the parties effectively communicate with each other by eliminating
hostility and the emotions that are obstructing resolution. The decision made by mediation is usually
non-binding and leads to further negotiations.
Advantages and disadvantages of mediation:
a. The decision to mediate is based on personal or business factors and not on legal principles
b. Mediation can be a problem if one or both parties are withholding information
c. Another problem with mediation can arise if one party is very passive and likely to be bulldozed
by the other
d. If mediation fails, the parties may have wasted time and money on the process and still face the
expenses of a trial