Reference no: EM132203853
Margoli's is a hypothetical manufacturing company located in El Paso, Texas. All of its employees are residents of Texas, and most of its customers are also located in that state. One day, the primary deliveryman called in sick. Carlos, one of the managers, had to fill in to make a delivery in Truth or Consequences ("T or C"), New Mexico, located in Sierra County, New Mexico. Worried about being away from the plant for too long, Carlos exceeded the speed limit as he drove toward T or C. As he drove through Las Cruces (located in Dona Ana County, New Mexico), he lost control of the delivery vehicle as a result of his excessive speed and struck a motorist who was changing a flat tire and the highway shoulder. As a result, Carlene, the motorist, suffered injuries that resulted in her becoming a paraplegic, ending her career as tennis pro. Carlene is suing both Margoli's and Carlos.
1. Identify the court, or courts, in which Carlene could file her case and explain why those courts would be appropriate, using the concepts of subject matter jurisdiction, personal jurisdiction, and venue.
2. If this case falls under concurrent jurisdiction, what happens if one party wants the case to be heard in a state court and the other wants it to be heard in a federal court?
3. How can the state trial court in Dona Ana County acquire personal jurisdiction over the defendants in this case when New Mexico courts have jurisdiction over persons and property located within New Mexico and these defendants are residents of Texas?
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