Controversy: Prima Fascia Case

Decent Essays
They have SMJ but not through DJ. The amount in controversy is over 75,001 but, both parties are from the same state, thus they are not diverse. They do however still have SMJ because there is FQJ as a federal question arises from Diane’s complaint. Jack permanently disabled the gun’s safety features to be able to react more quickly to a turkey sighting which could be violation, thus warranting a federal claim under the Federal Gun Safety Act (“Safety Act”). The Safety Act provides a cause of action for harm caused by gun owners who alter the safety features of a gun that has traveled in interstate commerce. Diane, has established a Prima fascia case based on FQJ because Jack accidently dropped and fired his altered gun, and inflicted a serious chest wound on Diane. The gun was bought in state B and transferred to his…show more content…
It is highly probably that Diane could initiate a case based on Personal Jurisdiction based on the facts in this case. State C’s long-arm statute provides that state courts may exercise personal jurisdiction “to the limits allowed by the United States Constitution.” The statute means State C’s long armed statute can be applied as long as it does not violate any constitutional laws. The fact pattern suggests nothing that insinuates there are any violations of federal law, consequently Diane would be able to file a federal claim based on PJ if she could establish PJ over Jack. As no property exist in the forum that would apply to this case, Diane must establish PJ through due process of service. Jack could simply just consent to service, but since he is contesting the suit under the basis of lack of SMJ and PJ, it is highly improbably that Jack would consent to service. Jack’s implied consent would also not apply here because, while he did travel/drive to state C, the case in question is not a result of his trip to state C. However,
    Get Access