Fact Pattern 3-1 Bruce Lived in Tennessee and Had an Appliance Store in Appliance

question 47

Multiple Choice

Fact Pattern 3-1
Bruce lived in Tennessee and had an appliance store in Tennessee. Bruce's residence and the appliance store, however, were within twenty miles of the Virginia state line. Bruce advertised heavily in both Tennessee and Virginia. Susan, one of his customers from Virginia, had an unfortunate experience with a refrigerator purchased from Bruce in that the refrigerator caught on fire and burned down Susan's house which was worth $200,000. Susan obtained proof that the refrigerator had actually been returned to Bruce because it malfunctioned and that, rather than repair the refrigerator and sell it as used, Bruce sold the refrigerator to her as new without repairs. Susan sued Bruce in federal district court in Virginia on a number of theories. Bruce opposed the lawsuit on the basis that it could only be filed in a state court and also on the basis that he was not subject to jurisdiction in Virginia.
-Refer to Fact Pattern 3-1.Which of the following is the most likely result in regard to Bruce's claim that the lawsuit could only be appropriately filed in a state court?

• A) The court would likely rule that federal court jurisdiction failed to exist because the parties were not all residents of the same state.
• B) The court would likely rule that federal court jurisdiction failed to exist because the amount in controversy was excessive..
• C) The court would likely rule that federal court jurisdiction existed based on the presence of a consumer complaint.
• D) The court would likely rule that federal court jurisdiction existed based on diversity of citizenship.