Civil Procedure

Issue Spot: The Out-of-State Seller

Jurisdiction & Venue

Issue SpottingEasy
Est. 8 min

Hypothetical

Harbor Tools is a Vermont LLC with no offices, employees, or bank accounts outside Vermont. It sells industrial clamps through its website; about 4% of its $2 million in annual revenue — roughly 190 orders a year — comes from Massachusetts buyers. Lena, a Massachusetts buyer, ordered clamps delivered to her Worcester shop; one failed and injured her employee. Lena sues Harbor Tools in Massachusetts state court. Harbor Tools removes the case to federal court and moves to dismiss for lack of personal jurisdiction and improper venue.

Call of the question

Identify the personal jurisdiction, venue, and removal issues in these facts.

Select all issues a civil procedure exam would expect you to discuss. Some listed items are traps the facts do not support.

Elapsed 00:02

How this is scored

You get credit for every relevant issue you select. Relevant issues you miss and issues you select that the facts do not support both count against you.

score = issues found ÷ (found + missed + unsupported)

Select every issue the facts support, then submit.

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