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ABC is a multinational enterprise (MNE) incorporated in State X. ABC entered into a joint venture agreement with XYZ, an MNE incorporated in State Y, to jointly produce a new line of hydraulic equipment in ABC’s new factory in State Z, a developing nation. ABC & XYZ have mutually agreed to have the law of State Y govern any disputes or concerns arising under the joint venture agreement. Shortly after the conclusion of the agreement, a wiring defect in ABC’s factory caused it to burn to the ground, killing five tourists in the immediate vicinity who were nationals (citizens) of State Q. XYZ, fearing bad publicity, sued ABC to rescind the joint venture agreement. X,Y, & Z are all common law states, while Q is a civil law jurisdiction.
Should a criminal case be filed, analyze the possible arguments and counter-arguments that counsel for either ABC or XYZ could reasonably make for having the case heard in the municipals courts of:
a. State X
b. State Y
c. State Z
d. State Q
Should a civil lawsuit between ABC and XYZ be filed, analyze the possible arguments and counter-arguments that counsel for either ABC or XYZ would reasonably make for having the case heard in the municipal courts of:
a. State X
b. State Y
c. State Z
d. State Q
Students are encouraged to consider as part of your answer whether any of the cases in the Chapter 3 of the course textbook are relevant to this question-i.e. if they support or refute the arguments you have articulated for having the case heard in the municipal courts of each State listed above. Be sure to indicate when filing suit (either criminal and/or civil) which is not legally viable in a particular State and your rationale for this conclusion.
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