QUESTION

Who has jurisdiction over a civil case

Asked on Apr 10th, 2014 on Civil Litigation - Washington
More details to this question:
I lived in MD and signed a contract with a Va based company to relocate my belongings to Wa. Long story short the company damaged $25k worth of my property and does not have proper insurance coverage so .... off to court .... The question is what state would have jurisdiction over this case.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
There is often more than one jurisdiction where a case can be brought.  Obviously, you want to sue on your home turf of Washington.  Given that the case arises from a contract which was to have been performed, in part, in Washington, you should be able to do so, absent some limitation in your contract.  If for some reason you wanted to sue in Virginia, you should be able to as well.  Not sure you'd be able to sue in Maryland, as neither of the parties is currently based there. HOWEVER, you should look at your contract.  I think it probably contains a provision requiring you to either sue or arbitrate in Virginia, and such clauses are usually enforced.  It almost certainly also contains a limitation of damages clause limiting the moving company's liability to some nominal amount.  This clause may not be enforceable, particularly if the moving company's fault was greater than simple negligence.
Answered on Apr 11th, 2014 at 2:39 PM

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