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Help, law question i need the answer?
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Quik Results, Inc., a Maine corporation, makes and sells Power Up!, a weight-gain and muscle-building supplement. Orin, a citizen of New York, sees an ad for Power Up! in WorkOut magazine and buys it in New York City at a local health club. Within ten days of beginning to use Power Up!, Orin suffers internal injuries. Alleging that the injuries are caused by Power Up!, Orin files a suit against Quik in a New York state court. Quik asks the court to dismiss the suit on the ground that it does not have personal jurisdiction over Quik. What is the court most likely to rule and why?
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hmitchel
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The ruling will depend upon whether the court concludes that there are sufficient contacts with New York to justify asserting personal jurisdiction over Quik Results. It will depend in large part upon whether the magazine is a national magazine so that any advertising would include out-of-state advertising, whether the product was sold to the gym in New York or whether the gym made its purchase in another state and then imported it to New York. Chances are there were probably sufficient contacts to assert jurisdiction. |
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