Problem:
A pharmaceutical company is incorporated in Delaware and headquartered in Kentucky. The company has developed a drug that it markets as an all-natural cosmetic skin cleanser. However, the product contains several artificial ingredients.
Sandy, a resident of Cleveland, Ohio, purchases a tube of the cleanser at a drugstore near her home. When she uses the product, Denise suffers an allergic reaction due to the artificial ingredients. Denise wants to sue the company for $90,000 in damages.
Can Denise pursue her case in federal district court? Why?
Focus on where Denise may properly file suit, not on whether she will win.
A pharmaceutical company is incorporated in Delaware and headquartered in Kentucky. The company has developed a drug that it markets as an all-natural cosmetic skin cleanser. However, the product contains several artificial ingredients.
Sandy, a resident of Cleveland, Ohio, purchases a tube of the cleanser at a drugstore near her home. When she uses the product, Denise suffers an allergic reaction due to the artificial ingredients. Denise wants to sue the company for $90,000 in damages.
Can Denise pursue her case in federal district court? Why?
Focus on where Denise may properly file suit, not on whether she will win.