...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
A plaintiff files a state-law negligence action in State A court. Complete diversity and the amount in controversy are present, but one properly joined and served defendant is a citizen of State A. Which statement best d...
Citations: 28 U.S.C. 1441(b)(2)
After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statemen...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...er states the ordinary issue preclusion rule. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...ccurate about issue preclusion? The correct answer states why default judgments usually fail issue preclusion. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...ernative-ground problem for issue preclusion. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...nswer states the basic claim preclusion rule. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...sue preclusion and the default-judgment trap. Restatement (Second) of Judgments principles, General federal preclusion principles
Citations: Restatement (Second) of Judgments principles, General federal preclusion principles
...ternative-ground problem in issue preclusion. Restatement (Second) of Judgments principles, Parklane Hosiery Co. v. Shore
Citations: Restatement (Second) of Judgments principles, Parklane Hosiery Co. v. Shore
...lements without overstating issue preclusion. Restatement (Second) of Judgments principles
Citations: Restatement (Second) of Judgments principles
...claim under a new theory. Taylor v. Sturgell, Restatement (Second) of Judgments principles
Citations: Taylor v. Sturgell, Restatement (Second) of Judgments principles
...transfer of the whole lot. Joining the second co-owner would destroy complete diversity. Which statement is most accurate? The correct answer captures the two-step Rule 19 structure: required if feasible, then equity-an...
Citations: Fed. R. Civ. P. 19
...wer gives the exact Rule 54(b) gateway for appeals from partial final judgments. Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
Citations: Fed. R. Civ. P. 54(b), 28 U.S.C. 1291
...endant moves to dismiss for failure to join the brother, arguing that complete relief and title certainty are impossible without him and that joining him would destroy diversity. The brother is subject to service but ref...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...judgment motions on appeal timing. This essay tests finality, partial judgments, and appeal timing after post-judgment motions. 28 U.S.C. 1291, Fed. R. Civ....
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
...ny's service logs for her account, the technician's installation checklist, and deposition testimony from the technician and operations director. It explains that those materials are expected to show whether the door sen...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...h two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332, Strawbridge v. Curtiss
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, choose counsel, control strategy, testify, or agree to be bound by the resu...
Citations: Taylor v. Sturgell
...g civil judgment entry and avoids confusing oral rulings with entered judgments. Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
...record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis. How should the court, tribunal, or decision maker resolve the dispute? Di...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...et calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only after the plaintiff serves discovery requests. Which statement is most accurate? Initial disclosur...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...forum defendant and did not consent to removal. LoaderCo argues that complete diversity and the amount in controversy are present, and that any procedural defects were harmless. Should the federal court remand? Discuss...
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
...federal statute is involved. Atlas answered, litigated for 14 months, completed discovery, and repeatedly stated that it preferred federal court. Two weeks before trial, the judge noticed the citizenship and amount alleg...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
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