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QUESTION

Wilson, a resident of Illinois, wishes to bring an invasion of privacy lawsuit against XYZ Co.

Wilson, a resident of Illinois, wishes to bring an invasion of privacy lawsuit against XYZ Co. because XYZ used a photograph of her, without her consent, in an advertisement for one of the company’s products. Wilson will seek money damages of $150,000 from XYZ, whose principal offices are located in New Jersey. A New Jersey newspaper was the only print media outlet in which the advertisement was published. However, XYZ also placed the advertisement on the firm’s Web site. The Web site may be viewed by anyone with Internet access, regardless of the viewer’s geographic location. 1. Where, geographically, may Wilson properly file and pursue her lawsuit against XYZ? 2. Must Wilson pursue her case in a state court, or does she have the option of litigating in federal court? 3. Assuming that Wilson files her case in a state court, what strategic option may XYZ exercise if it acts promptly? 4. Regardless of the court in which the case is litigated, what procedural steps will occur as the lawsuit proceeds from beginning to end. 5. If Wilson requests copies of certain documents in XYZ’s files, does XYZ have a legal obligation to provide the copies?

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