Picking Apart The Top THREE Issues Amazon Sellers Encounter When Starting Lawsuits
Today, we’ll be talking about the three issues you need to know about when starting lawsuits.
Number one, where do you have jurisdiction over the other side? And it’s the same if you’re a seller or you are a giant, giant brand.
Number two, how do you file the lawsuit? What documents actually go to court?
And number three, service of process.
So let’s pick it apart. Let’s get into the top three issues when starting a lawsuit.
So one, where do you have jurisdiction over the other side? Jurisdiction falls into two categories: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction, you need to go into a court where the other side did something. And if they don’t have their office there, then you want to try and get them delivering their products into that state. And often, you can do that with a test buy.
Subject matter jurisdiction is making sure that the court you’re suing in has the ability to hear the issues. Almost every case against Amazon sellers is in federal court because you’re dealing with trademark issues, which is a federal body of law. There are also requirements that there’s a certain amount of money in dispute. And the court basically has to have the ability to hear that particular claim.
Number two, well, to start a lawsuit, one is a summons. The other is a complaint. The summons basically says, “Hey, you’re being sued,” and the complaint spells out the allegations. In federal court, the allegations have to be a lot more specific than they have to be in state court. But that’s it.
The third issue in filing a lawsuit is service of process. And that’s just some fancy language for how you take the lawsuit papers and you give it to whoever you are suing. It has to be done in a very specific way in order to complete the jurisdiction process. But that is the third leg of the stool when it comes to starting a lawsuit.
Where do you have jurisdiction over the other side? Number two, what documents, and number three, service of process, actually getting the papers to the defendant, so that they have noticed that they’re being sued.
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