QUESTION

moved from foxboro mass. to sparks nevada the moving company over charged me & destroyed my belongings missing 6 more boxes Can I sue in nevada

Asked on Jul 26th, 2012 on Litigation - Nevada
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1 ANSWER

R. Christopher Reade
The answer to your question is really twofold: (1) can Nevada courts take jurisdiction over the moving company; and (2) is your dispute one that you can bring in Nevada. Nevada courts can take jurisdiction over companies for whom there is personal jurisdiction in Nevada.   Personal jurisdiction may be (a) general or (b) specific. General personal jurisdiction exists where the Moving Company's activities in Nevada are so substantial or continuous and systematic that the Moving Company may be deemed present in Nevada and hence subject to suit over claims unrelated to its activities in Nevada. Unless its a national moving company with a base of operations in Nevada, this will be difficult to prove. In the absence of general jurisdiction, specific personal jurisdiction may be established where the claims arise from the Moving Company's contacts with Nevada.  The test for specific personal jurisdiction is whether (1) the Moving Company purposefully avails itself of the privilege of serving the Nevada market or of enjoying the protection of the laws of Nevada or where the Moving Company purposefully establishes contacts with Nevada and affirmatively directs conduct toward Nevada, and (2) the claims arises from that purposeful contact with Nevada or conduct targeting Nevada.  The Moving Company's contacts with Nevada must be more than random, fortuitous or attenuated; it is the quality of the contacts and not the quantity that confers personal jurisdiction.  Directing conduct by moving you to Nevada, stopping in Nevada, unloading in Nevada and accepting payment from Nevada would all be factors which go into an argument of specific personal jurisdiction. There is an additional issue which arises in cases like this which is that savvy companies attempt to avoid the risk of being sued nationwide by specifying in the contract the jurisdiction and forum in which any action will be brought.  You should have your contract reviewed with an attorney to determine if this issue is applicable to you.
Answered on Jul 30th, 2012 at 2:20 PM

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