14. Hospital was incorporated in the state of Delaware with its corporate headquarters in Nevada. It had two staff doctors, both of whom are independent contractors. The primary staff doctor, Doc #1, was a citizen of California. The assisting staff doctor, Doc #2, was a citizen of Nevada. Patient, a citizen of Utah, was involved in an automobile accident while in Las Vegas, Nevada. Patient was taken to Hospital for treatment of the broken ankle she sustained in the crash. However, she woke up to find that both her legs had been amputated. Patient sued Hospital for negligence in Nevada federal court for $1,000,000. Hospital then impleaded Doc #1 and Doc #2 due to the poor care they rendered to Patient, resulting in the bilateral amputation. Which of the following additional claims could be properly added to the lawsuit?
25. Al, a resident of California, sues Betty for injuries th…
25. Al, a resident of California, sues Betty for injuries that he sustained in a car accident while at a teacher’s conference in Dallas, Texas. Betty, who is from San Diego, California (which is included in the United States District Court – Southern District of California), was also attending the conference. Al files his complaint in the United States District Court – Central District of California located in Los Angeles, California, and asks for $100,000 in damages. In response, Betty files a motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6). The court denies the motion. Betty then files a motion to dismiss based on improper venue pursuant to Federal Rules of Civil Procedure, Rule 12(b)(3). How should the court rule on this motion?
Essay Question 2While in California on his vacation prior to…
Essay Question 2While in California on his vacation prior to the car accident with Susan, John purchased a painting from an art gallery named Deep Fakes, Inc. in Beverly Hills. John was convinced to purchase the painting after an employee of the gallery named Lucien represented to John that the painting was an original Van Gogh. John paid the gallery $75,000 based on Lucien’s representation. Upon his eventual return to Texas after the accident, John discovered that the painting was a forgery. The expert who informed John that it was a forgery also told him that anyone hired to work in an art gallery selling paintings at this price either knew or should have known the painting was a forgery. Based on the expert’s opinion, John asked his accident attorney Simon to file a lawsuit against all appropriate defendants regarding the forgery as well. Simon filed a Complaint against Deep Fakes, Inc. in the Federal District Court for the Central District of California. The complaint alleged that “Deep Fakes, Inc. fraudulently induced Plaintiff to convey $75,000.” Simon hired a process server to serve the Complaint. The process server served Lucien with the Complaint and Summons at Lucien’s apartment in Beverly Hills. Approximately two weeks later, Simon moved to join Lucien as a defendant as well. 1. What motions should Deep Fakes, Inc. file at this stage of the litigation and how would the Court likely rule? Discuss. 2. What motions should Lucien file at this stage of the litigation and how would the Court likely rule? Discuss.
Questions 18 and 19 involve the same fact pattern. Pete own…
Questions 18 and 19 involve the same fact pattern. Pete owns a beachfront lot that is 300 feet long (measured from the water’s edge to the back end of the lot which is directly against a 55 feet high cliff), and 75 feet wide. The beach itself, however, extends inland for only 25 feet. Under state law, a party owns the beach, and can prevent others from using it. Pete sues Diane for trespassing on his beachfront lot. Diane denies that she trespassed. At trial, Pete’s evidence consists of the testimony of two eyewitnesses, Will and Wilma. Neither Will nor Wilma actually saw Diane on Pete’s land. Will saw Diane at 8:00 p.m. on the beach of the lot immediately south of Pete’s land. Wilma saw Diane at 8:15 p.m., standing on the beach of the lot immediately to the north of Pete’s lot. Diane was completely dry when Wilma saw her. 18. Because no one saw Diane actually on Pete’s lot, Diane moves for judgment as a matter of law at the close of Pete’s case. How will the court rule on Diane’s motion?
The most likely reason that glucose dissolves in water is th…
The most likely reason that glucose dissolves in water is that it is ____.
Which of the following supports the definition of a covalent…
Which of the following supports the definition of a covalent bond?
“Acidic” is an appropriate description for four of the follo…
“Acidic” is an appropriate description for four of the following. Which one is not considered “acidic”?
We can say that an atom has no vacancy for additional electr…
We can say that an atom has no vacancy for additional electron(s), when?
The sharing of electrons between two elements is known as a…
The sharing of electrons between two elements is known as a _________________ in Biology.
30. Art sued Deb for breach of contract, for failing to prov…
30. Art sued Deb for breach of contract, for failing to provide habitable property, after Art moved into an apartment leased through an agent of Deb’s which he found was infested with bugs. Deb filed an answer to Art’s complaint, denying all allegations except for the allegation that Deb owned the property, which Deb admitted. In fact, Deb had sold the property to Don just after Art signed the lease, and before Art moved into the property. About one month later, Deb filed a motion for leave to amend her answer to the complaint to allege that she did not own the property at the time Art moved into the apartment. The statute of limitations has lapsed, so that it is too late for Art to sue Don. How should the court rule on the motion?