Delilah, who resides in Wood County, Ohio, was driving home through Lucas County, Ohio, when her car was negligently struck by a truck owned by Garmell’s Stockyard. The car was driven by Jim Givens, an employee of Garmell’s. Givens resides in Wayne County, Michigan. The Stockyard is incorporated in Michigan, and the state is its primary place of business. Delilah decides to file suit against both Givens and Garmell’s, seeking $100,000 in damages, in the federal district court in Wayne County, Michigan.

But what if the facts of the case were different? Select each set of facts below that could change the power of that court to hear the case.

a. Garmell's is incorporated in the state of Ohio, even though its primary place of business is Michigan.

b. Garmell's files a motion to exercise its right of removal to move the case from the federal district court in Wayne County to state court of common pleas in Wayne County.

c. Garmell's files a motion for change of venue to move the case from the federal district court in Wayne County to the state court of common pleas in Lucas County, Ohio.

d. Garmell's files a motion for change of venue to move the case from the federal district court in Wayne County to the state court of common pleas in Lucas County, Ohio.

Garmell's files a motion for change of venue to move the case from the federal district court in Wayne County to the state court of common pleas in Lucas County, Ohio.

Explanation:

Since Givens resides in Wayne County, Michigan, and Garmell’s Stockyard is incorporated in Michigan, its primary place of business, the Federal district court in Wayne County is the proper place to file both suits.

However, even being that Michigan is its primary place of business if Garmell’s Stockyard was incorporated in the state of Ohio, the suit could not go to Wayne County. And even being incorporated in Michigan, Garmell’s could file a motion for change of venue.

bihariyadeep28 bihariyadeep28 · Answer 2 · 2022-01-28T16:58:55+01:00

Delilah met with an accident while driving home to wood country. The

driver of Garmell's , Givens smashed the car and he resides in Wayne

County, Michigan which is also a principle place of business of Stockyard.

Conditions

(a) Garmell's is incorporated in the state of Ohio, even though its primary place of business is Michigan. This can be done because one of the party to the case resides there.

(b) Garmell's files a motion for change of venue to move the case from the federal district court in Wayne County to the state court of common pleas in Lucas County, Ohio. This can be done.

Since, Givens is a resident of Wayne the case can be filed there however, Garmell can file for a motion of change.

Therefore it can be stated that the place for instigating a suit must be the place where the crime has occurred or where one or more parties to the case resides or have a principle place of business.

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