Civil Law Questions

X corporation (North Carolina) manufactures microwave ovens. It sells an oven to Juanita (Virginia), and then the oven explodes. Juanita sues X corporation for $90,000. X corporation impleads Y corporation (Virginia) under rule 14, which manufactured one of the components of the microwave. Juanita amends her complaint to add a claim against Y corporation for $90,000. Y corporation moves to dismiss Juanita's amended claim for lack of subject-matter jurisdiction. Which Supreme Court decision would a lower court apply here?A.GibbsB.Kroger

X corporation sues Y and Z corporation. It asserts that Y and Z corporations have violated the federal government's antitrust laws by conspiring to prevent it from selling its widgets to supermarkets in North Carolina. It devotes 10 paragraphs full of detailed allegations to explaining why the federal antitrust law was violated. It also brings a North Carolina Unfair Practices Act claim, arguing in 2 paragraphs in the complaint that Y and Z corporation engaged in illegal practices in convincing North Carolina supermarkets not to carry its widgets. Y and Z corporation file a motion to dismiss the North Carolina Unfair Practices Act claim for lack of subject-matter jurisdiction. All parties are domiciled in N.C. Under Gibbs, what result?A.There is jurisdiction because the plaintiff filed both together in federal court.B.There is no jurisdiction.C.There is no jurisdiction because the state law claim is insubstantial relative to the federal claim.D.There is jurisdiction because the state law claim comes from a common nucleus of operative facts with the federal claim.

Jason (North Carolina) was alternating between playing Super Nintendo and Sega Genesis while flying his rocket pack. He got into an accident with Euripides (South Carolina), who was out hang gliding. When they collided, the Sega Genesis began leaking out acid which burned through the hang glider, causing Euripides to have to bail out. As soon as he landed, he contacted his lawyer and sued Jason for negligence and asserted $100,000 in damages. Jason impleaded McCollum Electronic Repairs, Inc., which has its principal place of business, and is incorporated in, South Carolina, under Rule 14. Jason claimed that in repairing his Sega Genesis, McCollum Electronic Repairs inserted acid into the console. Subsequently, Euripides amended his complaint to file a $50,000 negligence claim against McCollum Electronic Repairs, which then filed a motion to dismiss Euripides's claim against it. Under Kroger, what result?A.Granted because hearing the claim violates Article III §2.B.Denied because hearing the claim does not violate Article III §2.C.Granted because hearing the claim violates 28 U.S.C. §1332.D.Denied because it would be most efficient to hear all these related claims at once.

A (Arizona) sues B (California) and C (Arizona) on a state-law claim, then voluntarily dismisses C 15 months later. True or false, B can remove at that time? Register your answer with your clicker.A.TrueB.False

James Bond (Illinois) has had one martini shaken not stirred too many at a bar in Houston and begins to slur his speech and wobble. Seeing him belt out a song about how the world is not enough, Boris Grishenko (Texas), a police officer, swoops in and arrests Bond for public intoxication. On the ride to the police station, Grishenko stops by the office of the SPECTRE Times and calls out for a reporter to see Bond, and calls him a habitual drunk in the impromptu interview. When Bond becomes unruly and angry after the characterization, Grishenko drenches Bond with his special Goldeneye water gun, which ruins Bond's expensive suit. Bond sues Grishenko for a violation of civil rights in federal court under 28 U.S.C. §1983, a federal statute, and seeks $50,000 in damages. He also brings a $25,000 state law defamation claim. Which of the following is true?A.1367(b) does not bar supplemental jurisdiction because nobody was impleaded under Rule 14.B.There is not supplemental jurisdiction because 1367(b) bars supplemental jurisdiction over the defamation claim.C.There is supplemental jurisdiction under 1367(a) and there is no need to consider 1367(b).D.There is not jurisdiction over any claim because the amount in controversy is not met for either the federal or state law claim.

Jason (South Carolina) was alternating between playing Super Nintendo and Sega Genesis while flying his rocket pack. He got into an accident with Euripides (North Carolina), who was out hang gliding. When they collided, the Sega Genesis began leaking out acid which burned through the hang glider, causing Euripides to have to bail out. As soon as he landed, he contacted his lawyer and sued Jason for negligence and asserted $100,000 in damages. Jason impleaded McCollum Electronic Repairs, Inc., which has its principal place of business, and is incorporated in, South Carolina, under Rule 14 for dumping acid into the console while repairing it and sought $50,000. McCollum Electronic Repairs filed a motion to dismiss Jason's impleader claim for lack of subject-matter jurisdiction. Under Kroger, what result?A.Granted because hearing the claim violates Article III §2.B.Denied because hearing the claim does not violate Article III §2.C.Granted because hearing the claim violates 28 U.S.C. §1332.D.Denied.

Penny (North Carolina) and Peyton (North Carolina) enter a contract for Peyton to provide Penny security services. The contract has a provision saying that Peyton can do nothing to intentionally expose Penny to danger. One night, Peyton attacks Penny. Penny sues for breach of contract and alleges $20,000 in damages, and battery alleging $20,000 in damages. True or false, there is supplemental jurisdiction over the battery claim.A.TrueB.False

Yvonne is originally domiciled in North Carolina. She fails to finish building a website and gets sued for breach of contract by Xenia, a South Carolina resident. A week after the lawsuit is filed, she gets a job to be Chief Technical Officer at a Columbia, SC software development company and relocates. The contract is for six years. When she gets to South Carolina, she finds that she loves it and works as hard as she can to excel at her job so she can stay when her contract expires.Work with a neighbor to write out an answer as to (1) where Yvonne is domiciled under Gordon's framework, (2) whether there is diversity jurisdiction, (3) how you would argue that the answers to the first two questions don't make sense, and (4) how you would argue that the answers do make sense.

A city passes an ordinance confiscating all firearms. Officials come to Rambo's house to confiscate $70,000 in rifles, pistols, rocket launchers, cannons, and gatling guns. Rambo sues the city in federal court for $70,000, asserting that the city violated the second amendment to the federal constitution. Does the court have federal question jurisdiction?A.No because the amount-in-controversy is not met.B.No unless a federal defense is raised.C.Yes because the plaintiff is the master of her complaint.D.Yes because the plaintiff's complaint is based on federal law.

Peter lived in Pennsylvania until he was 18. At that point, he moved out to California to attend U.C.L.A. He rents an apartment there and has a bank account there. He has not yet declared a major and has said he will go wherever he can get a high-paying job, health insurance, and a healthy contribution to his retirement account after graduating. Applying Mas, where is he domiciled?A.PennsylvaniaB.California

Ryan was born and raised in North Carolina. At 18, he goes off to college in New York. After four years, he graduates and he gets a four-year contract to work at a New Jersey video game company after which time he plans to see how he likes the company and living in New Jersey. At the end of the contract, he's in the middle of applying for a one year government fellowship in Michigan at which point he plans to look for another permanent position, this time in California. While still living in New Jersey, he gets into a hang gliding accident (he's playing a game on his laptop at the same time he is steering the hang glider) and crashes into Cordelia (domiciled in North Carolina). After he moves to Michigan for the fellowship, Cordelia sues him for $100,000 in Michigan federal court. Working with a neighbor, you need to decide whether there would be diversity jurisdiction in this case. You should consider both Mas v. Perry and Gordon v. Steele in formulating your answer.

Suppose that Watson from New York plaintiff sues Tatusko from New York for breach of contract, and two months later amends the complaint to assert a claim for violation of the federal Age Discrimination in Employment Act. True or false, Tatsuko can now remove?A.TrueB.False

Cassandra (South Carolina) was tasered during an arrest by Phaedra (North Carolina) while visiting family in Raleigh. She sued Phaedra for a federal civil rights violation because of excessive force in North Carolina state court. Phaedra removed to North Carolina federal court. Was the removal valid? Take a moment to think and then register your answer with your clicker.A.No.B.No because Phaedra was sued in her home state.C.Yes because there is complete diversity.D.Yes.

A corporation sues B corporation and C corporation. It asserts that B and C corporations have violated the federal government's antitrust laws by conspiring to prevent it from selling its computer monitors in South Carolina. It devotes 10 paragraphs full of detailed allegations to explaining why the federal antitrust laws were violated. It also brings a South Carolina Unfair Practices Act claim, arguing in 2 paragraphs in the complaint that B and C corporation engaged in illegal practices in convincing electronics retailers not to carry its monitors. B and C corporation file a motion to dismiss the South Carolina Unfair Practices Act claim for lack of subject-matter jurisdiction. All are domiciled in South Carolina. True or false, there is supplemental jurisdiction over the South Carolina Unfair Practices Act Claim?A.TrueB.False

Y corporation manufactures computer processors and is incorporated in North Carolina. Its only factory, which employs 350 people, is located in Fayetteville, North Carolina. One of the processors has a defect where it squirts arsenic through a computer's fans and into an unsuspecting user's coffee. The user (domiciled in South Carolina) drinks the coffee and gets seriously ill. She sues Y corporation in federal court for damages in excess of $75,000. Y corporation files an affidavit saying that its headquarters is in Columbia, South Carolina. It is renting out a building that has a headquarters sign in front of it. Jurisdictional discovery reveals that its high ranking officials do most of their work in an office building next to the Fayetteville, North Carolina factory. They go to the Columbia, South Carolina office once a year for an annual corporate retreat. Can Y corporation get the federal court to dismiss for lack of diversity jurisdiction? Be able to point to specific language in the opinion to justify your answer.A.Yes because both it and the plaintiff are South Carolina citizens.B.Yes because its principal place of business is in South Carolina.C.No because there is complete diversity.D.No because the plaintiff chose federal court.

Paula (South Carolina) sued Peter (North Carolina) for breach of contract in North Carolina federal court. She asserted damages of $80,000. Peter asserts that under 28 U.S.C. §1441(b)(2), North Carolina federal court is an improper place to litigate this case because of the forum defendant rule. True or false, this argument will succeed? Register your answer with your clicker.

Intercontinental Shoe corporation manufactures shoes. It has hired 10 salesmen as independent contractors to promote the shoes in Washington State and take orders from customers; it has not appointed an agent to receive process. They then transmit the orders to a warehouse in Missouri which ships the shoes to the customers. Intercontinental Shoe refuses to pay employment taxes to Washington State, so Washington State sues. The summons and complaint is mailed to Intercontinental Shoe's general counsel, who works in Missouri. True or false, there is personal jurisdiction under Pennoyer's framework.A.TrueB.False

Abstergo corporation (Pennsylvania) manufactures time machines. It sells a time machine to Bayek (Maryland), and then the machine explodes. Bayek sues Abstergo corporation for $90,000 under a state products liability law. Abstergo corporation impleads Valhalla corporation (Maryland) under rule 14, which manufactured one of the components of the time machine. Bayek amends his complaint to add a claim against Valhalla corporation for $90,000. Valhalla corporation moves to dismiss Bayek's amended claim for lack of subject-matter jurisdiction. How will the court rule on the motion?A.Granted because there is no claim with subject-matter jurisdiction.B.Granted because 28 U.S.C. §1367(b) bars jurisdiction.C.Denied because 28 U.S.C. §1367(a) authorizes jurisdiction.D.Granted because 28 U.S.C. § 1367(c) requires dismissal.

A life-long resident of West Virginia left his home there, with his possessions, his wife and his livestock, to settle on a family-owned property across the border in Pennsylvania in retirement. After he arrived in Pennsylvania, his wife became ill, and they went back to the main house, in West Virginia, to spend the night so they could see their West-Virginia based doctor the next day. After visiting the doctor, he got in a car accident near his house in West Virginia while driving back to Pennsylvania and died. Spend a moment thinking about where the resident was domiciled when he died. Then use your clicker to register your answer:A.West VirginiaB.Pennsylvania

Czerka corporation is run by a chief operating officer who lives in Illinois, a chief executive officer who lives in Texas, and a chief financial officer who lives in Florida. They have a P.O box for mail in Illinois, but otherwise make all decisions together on google video chats. Under Hertz, where is Czerka corporation's principal place of business?Work with a neighbor and decide where the principal place of business is.