POSC 20403 Study Guide - Midterm Guide: Contributory Negligence, Oral Contract, Punitive Damages
Document Summary
Sally sophomore of fort worth, texas, brought a class action lawsuit against associated. Financial services, inc. (afs), which is incorporated in delaware, and others for breach of contract, fraud, and conspiracy. In her complaint, sophomore stipulated for the members of the class that they would waive both the right to recover punitive damages. Sophomore could sue in the state of texas or the state of delaware or anywhere else. Afs conducts business and they would use applicable state laws of the venue. Sophomore could also sue in federal because the total amount exceeds ,000 where the federal judge would use applicable state laws from the state of the venue. However, sophomore would most likely sue in the state court of texas because this is where she is from and the jury would be more likely to favor her because she is a texan.
