In the Law suit of World Wide Volkswagen V. Woodson,1.what courts could the Robinsons have brought this case?
2. Why did they choose Oklahoma?
3. What criteria did the court use to determine whether the court used is reasonable?
4.Where must the Robinsons bring the case now? Is that fair to the Robinsons?
- Mr PlacidLv 71 decade agoFavorite Answer
The real target of this lawsuit was Audi and Volkswagen of America, the manufacturers of the vehicle the Robinsons were driving in when they were hit by a drunk driver. The drunk, of course, had no assets, so they sued the cash-rich manufacturer on a products liability theory.
The Robinsons wanted the trial in Creek County, Oklahoma, state court, which was known to contain a plaintiff-friendly jury pool. The problem was that Audi would immediately request removal to federal court pursuant to federal diversity jurisdiction.
The Robinsons, for purposes of diversity jurisdiction, were considered residents of New York. If they could somehow include a New York corporation as defendants, then there would no longer be complete diversity, and thus no federal jurisdiction. So, they named Worldwide and Seaway, both New York corporations, as defendants solely to destroy diversity jurisdiction.
That effort ultimately failed as a result of the WWVW v Woodson decision. In the end, the case was successfully removed to federal court, and tried in US District Court for the Northern District of Oklahoma.Source(s): Charles Adams, WWVW v Woodson, The Rest of the Story, 72 Neb. L. Rev. 1122 (1993)
- rickinnocalLv 71 decade ago
"1.what courts could the Robinsons have brought this case?"
As against WWVW and Seaway, in New York
"2. Why did they choose Oklahoma?"
Because the accident occurred there.
"3. What criteria did the court use to determine whether the court used is reasonable?"
Whether or not there was "minimum contacts" between defendants and Oklahoma.
"4.Where must the Robinsons bring the case now? Is that fair to the Robinsons?"
New York. And yes .... that is where they did business with the defendants, and where they were ordinarily resident.