Thursday, February 09, 2006

jurisdiction, baked to perfection

Civ Pro II Jurisdiction hypothetical:

I live in Tennessee. I want to sue my old college buddy, Gutter, for not paying me back for a bunch of concert tickets he bought from me while we were both at college in Tennessee (said concerts took place in North Carolina). Gutter, being the deadbeat that he is, flunked out of college, moved back to Jersey, and is living in his parents' basement.

Gutter, along with some of his high school buddies from Jersey, are coming to East Buttlick, TN for a hippie jam band festival. Gutter did not go online to buy said tickets, because he was still recovering from the bender he went on the night before, and 10am was way too early for him to be conscious. Gutter was not sober when he got into the van to come down to Tennessee, nor does he even realize that the festival is in Tennessee - all he knows is that he's going to be sitting in the back of a van eating Doritos for about a day.

Can I sue Gutter in a Tennessee court based solely on the fact that the nexus of the litigation involves him stiffing me out of money that he borrowed from me while he lived in Tennessee, even though the money was used to pay for tickets that were governed by NC law? Can Gutter be considered to be purposefully availing himself of TN law when he's been stoned out of his mind for the last 10 years and isn't quite sure where as to what state he's in at any given time?


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