Tony fell and injured himself in a Mega Toy Store.Mega Toy Store is incorporated in Delaware.Tony is a resident of Nevada but was injured in a Mega Toy Store located in Arizona.Mega Toy does not do business in Nevada.Tony's damages exceed $100,000.If Tony decides to sue Mega Toy Store:
A) he may file the lawsuit in an Arizona state court.
B) he may file the lawsuit in a federal district court in Arizona.
C) he must file the lawsuit in a federal district court because the federal courts would have diversity jurisdiction in this case.
D) Either a or b

Question

Quizplus · Accepted Answer

Tony may file the lawsuit in either an Arizona state court or a federal district court in Arizona. This is because the injury occurred in Arizona and Mega Toy Store has a physical presence there. However, he cannot file the lawsuit in a federal district court solely based on diversity jurisdiction because Mega Toy Store does not do business in Nevada, and therefore there is no diversity of citizenship between the parties.

Tony Fell and Injured Himself in a Mega Toy Store