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Joe is injured when he slips and falls on a spilled coffee in a Harbucks coffee shop while on

vacation in Florida. Joe files suit against Harbucks and Manager for negligence, and Hillary,
Joe's wife, files a claim for loss of consortium. Joe and Hillary file their case in federal court in
the Southern District of New York. Joe and Hillary are both citizens of New York, and Manager
is a citizen of Florida. Harbucks is incorporated in Delaware, and has more stores and
employees in New York than anywhere else in the country. Harbucks' officers and directors,
however, run the corporation from its offices in Tampa, Florida. Assume the amount in
controversy requirement is met with respect to each claim. If Harbucks and Manager file a
motion to dismiss for lack of subject matter jurisdiction, the court will
a- Grant the motion because there no complete diversity of citizenship
b-Grant the motion because the claims do not arise from the defendants' contacts with New York
c-Deny the motion, because there is complete diversity of citizenship
d-Deny the motion with respect to Harbucks, because it is subject to general jurisdiction in New York, but grant the motion with respect to Manager, because he has not contacts
with New York

1 Answer

3 votes

Final answer:

The court will deny the motion, because there is complete diversity of citizenship.

Step-by-step explanation:

The court will deny the motion, because there is complete diversity of citizenship. In this case, Joe and Hillary are citizens of New York, while Harbucks is incorporated in Delaware and Manager is a citizen of Florida. There is diversity of citizenship because the plaintiffs are citizens of a different state than the defendants. The fact that Harbucks has more stores and employees in New York than anywhere else in the country does not affect the diversity of citizenship requirement.

User Michael Moussa
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