Want to know:
William and Julia Roberts, Louisiana residents, were involved in an automobile accident in Missouri, with an uninsured motorist, Kent. The Robertses sustained damage to their vehicle, as well as personal injuries. Their insurance company, State Farm, refused to pay the Robertses anything, asserting that the policy did not provide coverage under the circumstances. The Robertses sued State Farm in the Robertses' home federal court, the U.S. District Court for the Eastern District of Louisiana, based on the federal court's diversity jurisdiction. State Farm issued the auto insurance policy in question to the Robertses at their home. Agents from a State Farm office in the Eastern District of Louisiana investigated the accident and, after internal deliberations in that office, decided to deny the claim. State Farm argued that the Robertses filed suit in an improper venue and that the proper venue for the lawsuit was either where the accident occurred (Missouri) or where State Farm was incorporated and has its principal place of business (Illinois). On State Farm's motion to dismiss for improper venue under Fed. R. Civ. P. 12(b)(3), the federal district court should:A.Grant State Farm's motion to dismiss because a substantial part of the events giving rise to the claim occurred in Missouri.B.Grant State Farm's motion to dismiss because State Farm is a citizen of Illinois.C.Deny State Farm's motion to dismiss because venue is proper.D.Deny the motion to dismiss because the court should always defer to the plaintiffs' choice of forum.E.Deny the motion, but only because of 1391(b)(3).
Get a detailed, AI-powered explanation for this question and thousands more on StudyFetch.
Get the Answer for FreeHow StudyFetch Helps You Master This Topic
AI-Powered Answers
Get instant, detailed explanations powered by AI that understands your course material.
Deep Understanding
Go beyond surface-level answers with step-by-step breakdowns and examples.
Personalized Learning
Sparky adapts to your learning style and helps you connect ideas.
Practice & Test
Turn any question into flashcards, quizzes, and practice tests to solidify your knowledge.
Explore More Questions
- The Therapeutic Products Directorate falls under which branch?
- A resident of State A sued a resident of State B in federal district court in State B for breach of contract. Jurisdiction was based on diversity of citizenship. The plaintiff alleged that the contract was entered into in State C and was to be performed in State D. The plaintiff further alleged that the defendant failed to perform.While hearing this case, what substantive law should the federal district court apply?A The law that the State D state court would applyB The law that the State C state court would apply.C The law that the State B state court would apply.D The law that the federal district court believes most logically applies.
- In order to satisfy federal question jurisdiction, the federal question must appear in:A The plaintiff's complaintB Either the plaintiff's complaint or the defendant's answerC Either the plaintiff's complaint or the defendant's answer, counterclaim, or cross-claimD Either the plaintiff's complaint or the defendant's answer or counterclaim