Assignment task:
Bill ran a web-based business called "Hungry, Hungry Kiddos" (HHK). Bill decided to self-promote because he was turned down by large companies like Mattel, Hasbro, and Fisher Price because they thought the game was too dangerous. The game was like Hungry, Hungry Hippos except that the players, mostly children, are supposed to use large straws to suck up plastic balls from the playing surface. The person to spit out the most plastic balls after all the balls are off the playing surface wins the game. Bill regularly sells these games to all fifty states. On his website, there is large text that says, "Now Serving all 50 States!" The website also has an embedded YouTube video of Bill giving and interview where he states that HHK is a proud family business that takes pride in selling wholesome games to all people in this country. He stated, "We're an American company serving all of America and every American. We want all American children to have HHK in their household."
Two years after he began selling HHK, Bill received a demand letter from Ben, Ben, and Jerry PC - a Vermont law firm demanding $5,000,000 in damages for the death of a child that died suffocating on an HHK ball that was inhaled and became lodged in the child's throat. Bill thought to himself that he was not sure if he ever sold any games in the State of Vermont. To his surprise he sold three games in the State of Vermont. However, as it became later known, the girl who choked on the game piece had recently moved to Vermont from New Hampshire, which is a hotspot for HHK sales.
Bill thought to himself, "Well good thing I have that American Samoa on the box." Upon advice of his cousin Earl who knows a thing or two about the law from being incarcerated for eight years in a state penitentiary, Bill had placed a venue selection clause inside his box requiring litigants to prosecute cases against HHK in the American Samoa. The clause is located on a fold of cardboard inside the box where nobody can see it unless one disassembles the box completely to read it.
The text is written in cursive six (6) point font.
Please discuss whether Bill can be made to litigate in Vermont?
Please IRAC each issue, using an outline format, this means identify the issue, provide a complete rule statement, analyze, and then conclude, an outline format
Please use the format listed above which lists (Personal Jurisdiction) and references (Venue)