View Full Version : Lawsuit question...Please Check
Let's say someone in Florida is suing their state for something unlawful.
If New York is doing it too could I sue them for it?
No because you would suffer no damage.
Unless you mean if New York State was perpetrating that act on you... than yea. But your question is vague.
I'm sorry,it is a bit vague.Perhaps I should speak with a lawyer for specification purposes.Thanks
phmeworp
2008-07-13, 02:07
^^^ Could not agree with you more on that issue / aspect. But...
Since you are mentioning 'lawsuit', we have to assume you are referring to a civil case and not a criminal issue. For others who may be interested in such things:
Any properly drafted civil contract should includ a clause (normally near the end, just before, or immediately after, the severability clause) that states the jurisdiction under which the agreement should be interpreted.
Barring that clause, general law provides that if both parties are residents of the same state then the laws of that state shall prevail. If they are from different states, then it gets a bit tricky. Some states declare that the plaintif's state laws prevail, others hold the defendant's state laws rule. Anyone see a catch 22 here?
Bottom line: make sure you know/understand not only the terms and conditions of any contract you enter, but also under what jurisdiction that contract will be weighed.
It can make a HUGE diference.