Jurisdiction, venue and the Erie doctrine — MCQs

Using only the supplied file and legal resources, prepare an objective memorandum to the supervising attorney assessing Park's jury-demand deadline, the effect of the proposed new claim on jury rights, the likely amendment ruling, and the improvements needed in the motion.

Using only the supplied file and legal resources, prepare a persuasive memorandum assessing whether Harbor Medical Supply LLC should move to remand the removed action to state court. Address federal-question jurisdiction, diversity citizenship, the amount in controversy, removal procedure, the strongest defense arguments, and the factual investigation that should occur before filing.

Using only the supplied file and legal resources, prepare a persuasive memorandum supporting Greenway Analytics's motion for leave to amend its complaint to add a fraudulent-inducement claim against DataForge, Inc.

A citizen of State A sued a corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $500,000 for injuries caused by an allegedly defective product. State A law permits compensatory damages but provides that punitive damages are unavailable in product-liability actions. No federal statute or Federal Rule addresses the availability of punitive damages. The plaintiff nevertheless requested punitive damages, arguing that federal courts traditionally exercise discretion over remedies and that allowing punitive damages would encourage careful manufacturing. The corporation moved to strike the punitive-damages request. Which of the following is the strongest argument supporting the corporation's motion?

A citizen of State A purchased an electric bicycle through a retailer's interactive website while at home in State A. The retailer is incorporated and has its principal place of business in State B. It has no property or employees in State A, but it ships hundreds of bicycles there annually, advertises free delivery to State A, and provides remote warranty service to State A customers. The bicycle's battery allegedly malfunctioned while the customer was riding near her home in State A, causing serious injuries. She sued the retailer in a federal district court in State A, seeking $180,000 under state products-liability law. The retailer timely moved to dismiss for lack of personal jurisdiction. Which of the following is the customer's strongest argument that the court may exercise personal jurisdiction?

A State A retailer sued a State B manufacturer in the federal district court in State A for breach of a supply contract, seeking $200,000. The complaint alleged that the manufacturer negotiated the contract through calls and emails directed to the retailer in State A and shipped the goods there. Before answering, the manufacturer moved under Rule 12 to dismiss for improper venue. The court denied the motion because a substantial part of the events occurred in State A. The manufacturer then answered without mentioning personal jurisdiction. Two months later, after document discovery began, the manufacturer moved to dismiss for lack of personal jurisdiction. The retailer asks its lawyer how to respond. Which of the following is the strongest argument?

A patient sued a physician in federal court based on diversity jurisdiction, seeking $300,000 for alleged medical negligence. The forum state's statute requires a medical-negligence plaintiff to file an expert affidavit with the complaint. Failure to do so requires dismissal without prejudice. The patient did not file an affidavit. The physician moved to dismiss, arguing that the state requirement applies under Erie. The patient responded that Federal Rules of Civil Procedure 8 and 12 comprehensively govern the sufficiency of a federal complaint and do not require an expert affidavit. No party disputes that Rules 8 and 12 are valid under the Rules Enabling Act and constitutional. Which of the following best states the rule the federal court should apply?