A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the...
Citations: Fed. R. Civ. P. 19
A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the...
Citations: Fed. R. Civ. P. 19
A bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages....
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
A bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages....
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
...e same collision. Which statement is most accurate? This is a classic joinder-jurisdiction trap. The defendant's derivative impleader claim may be in supplemental jurisdiction, but the plaintiff's direct claim against a...
Citations: Fed. R. Civ. P. 14, 28 U.S.C. 1367(b), 28 U.S.C. 1332
...e same collision. Which statement is most accurate? This is a classic joinder-jurisdiction trap. The defendant's derivative impleader claim may be in supplemental jurisdiction, but the plaintiff's direct claim against a...
Citations: Fed. R. Civ. P. 14, 28 U.S.C. 1367(b), 28 U.S.C. 1332
...the motion? Discuss whether the brother is a required party, whether joinder is feasible, the Rule 19(b) factors, and possible alternatives to dismissal. This essay tests required-party analysis and the difficult second...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...the motion? Discuss whether the brother is a required party, whether joinder is feasible, the Rule 19(b) factors, and possible alternatives to dismissal. This essay tests required-party analysis and the difficult second...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
A city sued a developer in federal court seeking a declaration that a riverfront parcel may be used for a public trail. A conservation trust claims a recorded easement over the parcel for habitat protection and moves...
Citations: Fed. R. Civ. P. 24
A city sued a developer in federal court seeking a declaration that a riverfront parcel may be used for a public trail. A conservation trust claims a recorded easement over the parcel for habitat protection and moves...
Citations: Fed. R. Civ. P. 24
A homeowner sued a general contractor in federal court for fire damage allegedly caused by faulty wiring. The contractor wants to bring in the electrical subcontractor, alleging that the subcontract requires the subco...
Citations: Fed. R. Civ. P. 14
A homeowner sued a general contractor in federal court for fire damage allegedly caused by faulty wiring. The contractor wants to bring in the electrical subcontractor, alleging that the subcontract requires the subco...
Citations: Fed. R. Civ. P. 14
A life insurer admitted that $750,000 was payable under a policy but received competing demands from the decedent's former spouse, current spouse, adult child, and a judgment creditor. The former spouse claims she rem...
Citations: Fed. R. Civ. P. 22, Fed. R. Civ. P. 24, 28 U.S.C. 1335
A life insurer admitted that $750,000 was payable under a policy but received competing demands from the decedent's former spouse, current spouse, adult child, and a judgment creditor. The former spouse claims she rem...
Citations: Fed. R. Civ. P. 22, Fed. R. Civ. P. 24, 28 U.S.C. 1335
...? Discuss compulsory and permissive counterclaims, crossclaims, claim joinder, and any separate jurisdictional limits. This essay tests the...
Citations: Fed. R. Civ. P. 13, Fed. R. Civ. P. 18, 28 U.S.C. 1367
...? Discuss compulsory and permissive counterclaims, crossclaims, claim joinder, and any separate jurisdictional limits. This essay tests the...
Citations: Fed. R. Civ. P. 13, Fed. R. Civ. P. 18, 28 U.S.C. 1367
A pedestrian sued a driver and a delivery company in one federal action after a collision. The driver alleges that the delivery company's truck forced the driver into the pedestrian's lane and wants indemnity or contr...
Citations: Fed. R. Civ. P. 13(g), Fed. R. Civ. P. 18
A pedestrian sued a driver and a delivery company in one federal action after a collision. The driver alleges that the delivery company's truck forced the driver into the pedestrian's lane and wants indemnity or contr...
Citations: Fed. R. Civ. P. 13(g), Fed. R. Civ. P. 18
...moving company. The defendants move to dismiss the entire case for misjoinder. Which statement is most accurate? Rule 21 is a case-management rule. It corrects party and claim structure without requiring dismissal of the...
Citations: Fed. R. Civ. P. 21
...moving company. The defendants move to dismiss the entire case for misjoinder. Which statement is most accurate? Rule 21 is a case-management rule. It corrects party and claim structure without requiring dismissal of the...
Citations: Fed. R. Civ. P. 21
A plaintiff with a federal copyright claim against a publisher also wants to assert a state-law claim against the same publisher for an unrelated office lease dispute. The publisher argues that the claims cannot be jo...
Citations: Fed. R. Civ. P. 18, 28 U.S.C. 1367
A plaintiff with a federal copyright claim against a publisher also wants to assert a state-law claim against the same publisher for an unrelated office lease dispute. The publisher argues that the claims cannot be jo...
Citations: Fed. R. Civ. P. 18, 28 U.S.C. 1367
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