Suing a business from another state

I am currently intending on suing a business that is based in the state of Florida. I live in New York and the work they conducted was done up here as well. Do I have to file my lawsuit here or in Florida
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Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Jurisdiction simply means a court's power to hear and decide a case. The U.S. and New York state constitutions, as well as both the federal and state laws, grant and limit courts' jurisdiction.

Your post is short on the necessary details. Yours is a question of jurisdiction. It could take a lot of fact investigation and some time doing legal research.

To make a legally binding decision, a court must have both subject matter jurisdiction (power to hear the kind of case involved) and personal jurisdiction (power over the parties involved).

In general, for the Florida business to be subject to New York personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonably expect to be sued there.

In general, for the Florida business to be sued in New York for a New York federal court to have subject matter jurisdiction, Federal district courts have subject matter jurisdiction if you are suing a citizen of a different state and you are asking for at least $75,000 in money damages.

There is much more to this, so see a New York lawyer with all the necessary details.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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Michael Howard Joseph

Michael Howard Joseph Avvo Pro

Contributor Level 5
You can file in either NY or Florida. If the contract was breached here you can sue here.
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