Case Analysis : Paradise Resort

State courts have broad jurisdiction which means that the cases they hear involves crimes such as robberies, traffic violations, murders that may have occurs in their state and domestic violence. The only cases that don’t play out in state courts are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.

The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements

A state court may respond in various ways to a U.S. Supreme Court decision that raises issues of federal

A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.

There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two

The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, “Subject-matter jurisdiction determines which court system may hear a particular case” (Kubasek, pg.44, 2009). Novelty One’s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.

Diversity of citizenship is one of the factors that will allow a federal district court to exercise its authority to hear a lawsuit. This authority is called diversity jurisdiction. It means that a case involving questions that must be answered according to state laws may be heard in federal court if the parties on the two sides of the case are from different states. No matter how many parties are involved in a lawsuit, there must be complete diversity in order for the federal court to exercise this type of authority. If a single plaintiff is a citizen of the same state as any defendant, there is no diversity and the case must be pursued in a state court (Diversity, n.d.).

Kroger’s lawyer sues Omaha Public Power (state court?) for wrongful death Omaha Power decides to implead Owen Equipment Omaha Power successfully seeks summary judgment (b/c Paxton and Vierling owned power lines, Omaha Power has no responsibility unless notified, and they weren’t notified) Kroger’s lawyer asserts wrongful death claim against Owen Equipment and goes for federal court claiming diversity jurisdiction b/c Kroger from Iowa and Owen Equipment is Nebraska corporation with principal place of business there) trial begins but Owen Equipment says no diversity because though incorporated in Nebraska, principal place of business is in Iowa district court refuses to grant Owen’s motion to dismiss and Kroger wins jury verdict (court says supplemental jurisdiction extends to Kroger’s claim against Owen) Owen appeals judgment reversed in favor of Owen

The Heads who are residents Georgia booked a week-long stay in Hawaii with Paradise Resort which is formed in Delaware and conduct the principle of business in Hawaii. The Heads also booked spa appointment before the trip. Mr. Head went to the spa appointment and slipped on the floor afterwards. Mr. Head was injured due to the incident and required surgery to correct the Injuries. Mr.Head file a lawsuit against Paradise Resort in U.S. District Court for the Northern District of Georgia for compensation of $100,000. The issue is whether this court have jurisdiction to hear this lawsuit.

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

Marriott is renowned for its elegant and comfortable hotels and resorts. The company caters to a targeted customer base, ranging from the frequent corporate business traveler to the family enjoying their occasional weekend get-away. Marriott has continued its rise in the lodging, contract services, and restaurant industries. The company continuously strives to meet the needs and wants of its customers while strategically maneuvering the rigors of today’s competitive and ever-evolving market of glamorous destinations and convenient services. In order to remain relevant in a highly-competitive environment, Marriott must strike that successful balance of minimizing costs, and gaining and effectively

The issue that Coral Divers Resort (CDR) is facing is that it has been unable to distinguish itself from other resorts in the New Providence, Bahamas region and has been experiencing declining revenues and unprofitability for the past three years as a result. Other resorts that have been able to specialize in certain segments of the diving industry have been doing well over the past years as the industry continues to grow. CDR must look for opportunities in the diving industry to find a unique niche and gain a competitive edge that will lead to an increase its revenues. The SWOT analysis (Exhibit 1) looks at the current state of CDR and the environment it is operating in.

The Warsaw Marriott case that’s assessed in this paper is a decision case where Stan Bruns (at the time general manager of the Warsaw Marriott) had to make important decisions regarding its pricing strategy and think of ways to protect Marriott’s work force from its comp set.

ARISE: A Destination-for-a-Day Spa, was established in 2009 by a woman named Kristen Chambers in a Dallas suburb of Plano. As founder of the company, Chambers envisioned a spa of full-time specialists who would serve as personal wellness coaches (2). She wanted clients to be able to experience high quality luxurious spa visits, without worrying about the high costs associated with recurring appointments. The idea and business model originally created, matched what the global market and people wanted for spa services. People liked the idea of a personal wellness coach. However, getting customers was not the problem. When hiring staff to fill these PWC positions, Chambers mentioned that the tips would be a large part of their annual salary. Chambers also mentioned that most people tip twenty-five percent. Attracting salaried personal wellness coaches for ARISE was a big step, as most spas are contract work.