Sally Fitzgibbons Foundation

Beginning the Academic Essay

Burger King v. Rudzewicz
Joseph Acevedo Jr.

The University of the Incarnate Word
Question 1: Why did Burger King sue in Florida rather than in Michigan?
Burger King sued in Florida rather than Michigan because the final agreement decided in June of 1979 provided that the relationship would be governed by Florida law.

Question 2: If Florida has a long-arm statute that tells Florida courts that it may exercise personal jurisdiction over someone like Rudzewicz, why is the court talking about the due process clause?
The court is discussing due process clause in this case because the the agreement would have to had let the defendant know that if disagreements were to arise they would be governed by Florida law. Since the defendants knew this ahead of time they could have structured their corporation any which way the decided would best fit their ability to protect themselves through Florida law, therefore Florida law could determine the outcome of the case.

Question 3: Why is this case in federal court rather than in a Florida state court?
The reason this case is in federal court and not Florida state court is for a few reasons but the biggest reasons are because the plaintiff and defendant were from two different states with the seeking damages exceeding $75,000, therefore giving the Federal court jurisdiction.

Question 4: If this case had been filed in state court in Florida, would Rudzewicz be required to come to Florida? Explain.

Yes if this case were to have been filed in a state court in Florida, Rudzewicz would have been required to come to Florida because the contract was under Florida jurisdiction and because the headquarters of Burger King is in Miami, Florida.

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