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Stan Garner resides in Illinois and promotes boxing matches for SuperSports, Inc., an Illinois corporation.
Stan Garner resides in Illinois and promotes boxing matches
for SuperSports, Inc., an Illinois corporation. Garner
created the concept of "Ages" promotion—a three-fight series
of boxing matches pitting an older fighter (George Foreman)
against a younger fighter, such as John Ruiz or Riddick
Bowe. The concept included titles for each of the three
fights ("Challenge of the Ages," "Battle of the Ages," and
"Fight of the Ages"), as well as promotional epithets to
characterize the two fighters ("the Foreman Factor"). Garner
contacted George Foreman and his manager, who both reside in
Texas, to sell the idea, and they arranged a meeting at
Caesar's Palace in Las Vegas, Nevada. At some point in the
negotiations, Foreman's manager signed a nondisclosure
agreement prohibiting him from disclosing Garner's
promotional concepts unless the parties signed a contract.
Nevertheless, after negotiations between Garner and Foreman
fell through, Foreman used Garner's "Battle of the Ages"
concept to promote a subsequent fight. Garner filed suit
against Foreman and his manager in a federal district court
located in Illinois, alleging breach of contract. Using the
information presented in the chapter, answer the following
questions.
1. On what basis might the federal district court in
Illinois exercise jurisdiction in this case?
2. Does the federal district court have original or
appellate jurisdiction?
3. Suppose that Garner had filed his action in an Illinois
state court. Could an Illinois state court exercise personal
jurisdiction over Foreman or his manager? Why or why not?
4. Assume that Garner had filed his action in a Nevada state
court. Would that court have personal jurisdiction over
Foreman or his manager? Explain.