Wk 1- LGST 325 Litigation
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School
University of Maryland Global Campus (UMGC) *
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Course
325
Subject
Law
Date
Feb 20, 2024
Type
Pages
2
Uploaded by AgentOtterMaster745
TO: Jennifer Piazza, Esq. or Robert Gonzalez Esq.
From: Racherd Jimenez
RE: Leonard Jones and the Mulvaneys BOC - Courts and Jurisdiction
DATE: January 15th, 2024
Summary Report
1. If the plaintiff wishes to file their case in the Maryland state court, which specific court
in Maryland would have jurisdiction over this matter?
If the plaintiff wishes to file the case in the Maryland state court, the appropriate court
with jurisdiction over this matter would be the Circuit Court of Maryland. The Circuit Courts
have general jurisdiction over civil cases, including breach of contract matters.
2. When a judgment is entered, what is the name of the court in the State of Maryland
where the losing party could appeal?
When a judgment is entered, the court in the State of Maryland where the losing party
could appeal is the Maryland Court of Special Appeals. This is the intermediate appellate court
in Maryland, and parties dissatisfied with a Circuit Court's decision can seek review.
3. Considering that the defendants are residents of Virginia, what are the concepts to
consider prior to selecting the forum for the lawsuit?
When selecting a forum for the lawsuit, these concepts should be considered:
1. Personal Jurisdiction
2. Convenience of Witnesses
3. Choice of Law
4. Statutory and Case Law References
If the franchisee is in Virginia, Virginia law may govern the franchise agreement.
Considerations of efficiency and consistency may lead to filing the lawsuit in Virginia.
4. Assume for a moment, that SL&B is a franchisee, with the franchisor incorporated in the
State of Delaware. How would this affect the selection of the forum state for filing?
If SL&B is a franchisee with the franchisor incorporated in the State of Delaware, this
could affect the selection of the forum state. Delaware law may govern the franchise agreement,
and considerations of efficiency and consistency may lead to filing the lawsuit in Delaware.
5. If the plaintiffs file in state court in Maryland, could the defendants request that the case
be moved to federal court in Virginia? Why or why not?
If the plaintiffs filed in state court in Maryland, the defendants could potentially request
removal to federal court in Virginia under diversity jurisdiction if certain conditions are met.
Diversity jurisdiction requires that the parties are from different states and the amount in
controversy exceeds a specified threshold.
Reference:
Maryland Courts and Judicial Proceedings Code, Title 6 - Courts of General Jurisdiction;
Jurisdiction Generally.
Maryland Courts and Judicial Proceedings Code, Title 12 - Courts and Judicial
Proceedings; Special Appellate Jurisdiction; Appeals Generally.
Delaware statutes, Title 6 - § 2551
28 U.S.C. § 1441 - Removal of civil actions.
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