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Pharmacy manager must notify the Board of manager change
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- Matt Sawchak and Marcus Gadson jointly found a company, Elysium Gaming Systems (domiciled in North Carolina), to compete with Sony, Nintendo, and Microsoft. They design a console called the Legal Entertainment System ("LES"). The system allows players to complete engaging civil procedure hypotheticals and role play as delegates at various state constitutional conventions. The console can be used either as a virtual reality headset for single-player mode, or it can output to a TV so whole families or groups of friends can play together. Osborn Corporation (domiciled in Texas) enters into a contract with Elysium to supply a processor for the console, which Elysium then incorporates into the LES and sells. Osborn does no advertising in Washington state, does not ship its processors into the state, and has no direct relationship with customers there.The console is a huge success and flies off shelves. Unfortunately, the console overheats on a man named John in Washington state one day, and he sustains burns. He sues Osborn corporation in Washington State court. Osborn corporation files a motion to dismiss for lack of personal jurisdiction.True, or false, the court would grant the motion under Justice O'Connor's approach?A.TrueB.False
- Angry at everything he's heard in a civil procedure conference about defensive non mutual issue preclusion, Euripides straps on some medieval armor and starts slashing his sword at random professors. Eventually, the suit explodes, causing moderate injuries, which are treated. In preparation for trial, Euripedes's lawyer writes a memo suggesting that Euripedes accidentally put gunpowder in the armor, which caused it to explode. When Euripedes is discharged from the hospital, he sues King Arthur Armor, the manufacturer, in New Virginia court. New Virginia allows parties to withhold any and all attorney work product and allows no showing of necessity to overcome that right. Euripedes recovers for negligence. Subsequently, Kassandra gets enraged at a property conference about recording statutes and goes berserk. Putting on her armor, she starts throwing pikes at conference attenders. Eventually, her armor shatters out of nowhere, injuring her arms and legs. After getting out of the hospital and then jail, she sues King Arthur Armor in New Carolina court, arguing the armor was negligently designed. In New Carolina, parties can get ahold of attorney work product without a showing of necessity. Kassandra's lawyer wrote a memo saying that Kassandra had made some augmentations to the armor over the years. Kassandra argues King Arthur Armor is issue precluded from arguing that its armor was not negligently designed. True or false, the court will likely apply issue preclusion?A.TrueB.False
- Allen sues Janet for trespass onto his property in New York federal court (assume New York law applies to the dispute). At the close of discovery, he moves for summary judgment under Rule 56. A recent amendment to the New York state constitution provides that, "Since the right to a jury trial is inviolate and the best security of a free people, summary judgment is impermissible. A jury trial shall always be available upon demand of a party." As a consequence, New York's civil procedure rules do not provide for summary judgment. The district court decides that it must apply New York's civil procedure rules and refuses to grant the motion, but acknowledges that it would have because no reasonable jury could find for Janet. A jury then ultimately decides for Janet at trial and admits that it nullified the law in open court. Allen appeals, arguing that the court should have applied Rule 56. True or false, under Hanna part 2, Rule 56 will displace New York's constitutional provision precluding summary judgment?