Tanya Trucker vs State of Confusion

Tanya Trucker vs. State of Confusion

Rachel N. Staggs

BUS 415

December 20, 2010

Rob Kinsella

Tanya Trucker vs. State of Confusion

Tanya Trucker is filing a lawsuit against the state of Confusion for the enacted statute requiring all truck and towing trailers, who use the state of Confusion highways, to be required to have a B-type truck hitch. Ms. Trucker owns a small trucking company in the state of Denial and this statute from the state of Confusion will either cause her trucks to get the hitch installed or to drive around the state. The thing is that the only place that these particular hitches can be purchased is in the state of Confusion and this is the only state requiring this particular type of truck hitch. This can make things very difficult for the out of state trucking companies because there is the possibility of an added expense when they get to the state line. This statute is in clear conflict with the Commerce Clause. The Commerce Clause regulates the interstate commerce which includes the sale of products and the ability to travel the state highways to deliver goods to other areas.

For Tanya to file this lawsuit, it must first be determined in which court to file. Since she lives in the state of Denial and the statute that she is contesting is only in the state of Confusion, than this is a case that should be tried in the federal court system. Since the lawsuit is over something that has parties in two different states, this is called diversity jurisdiction. The federal courts have jurisdiction over diversity jurisdiction cases. “Congress has conferred upon federal courts jurisdiction to decide federal questions, i.e., cases or controversies arising under the Constitution and laws of the United States (28 U.S.C. § 1331) and cases or controversies between citizens of different states (diversity jurisdiction)” (Lawschoolhelp.com, n.d.). In order for Tanya to determine the jurisdiction to file the lawsuit in she needs to be able to...