Legal Question in Civil Litigation in Maryland

I live in Maryland. I took a class in New York that fell extremely short of my expectations. The instuctor lives in Texas. The company that I paid for the course is in New Hampshire. The marketing was sent nationwide and when I paid for the course, I paid online from my residence in Maryland. Who do I sue and where? I would prefer the answer to be the instructor, and that I should sue him in Maryland. However, I can see the answer being in any one of the other states.


Asked on 5/14/12, 12:49 pm

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Your contract was with the company and the instructor was its agent. Your suit should be against the company and could be brought wherever it has a substantial presence. That probably means NH or NY, unless you can show they have a physical presence elsewhere. The fact that they market nationwide, presumably in e-media or national publications, generally is held not to create enough of a nexus in any particular state to subject them to jurisdiction. Besides, even if you sued in MD and got a judgment (probably by default), you'd have to localize it where their assets are, and they'd challenge jurisdiction then.

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Answered on 5/14/12, 1:05 pm
Cedulie Laumann Arden Law Firm, LLC

It is also essential to read whatever contract you may have signed when enrolling. Such contracts / agreements often contains a choice of venue, or place where you agreed to litigate any disputes. In some cases, terms may require that disputes first be submitted to mediation or arbitration, so it is important to check.

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Answered on 5/15/12, 8:07 am


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