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Determining salary increases based on annual performance evaluations.

A plaintiff sued a defendant in state court in State A, alleging that the defendant violated the plaintiff’s patent on a new type of air conditioner. The defendant removed the case to federal court in State A and quickly lost on the plaintiff’s motion for summary judgment. The defendant appeals, claiming that because the case was improperly brought in state court, which does not have jurisdiction over patent cases, it was not removable to federal court, and the federal court thus lacked jurisdiction. The plaintiff argues that no rule requires that the state court have had jurisdiction over a removed case. Who is correct?

A woman went to a Federal Express (FedEx) office to mail a package. While she was waiting in line, she encountered her next-door neighbor who punched her in the face, accusing her of cutting in line. She suffered injury to her face and had $76,000 of medical bills. She brought a lawsuit against the neighbor in federal district court. The neighbor moved to dismiss for lack of subject matter jurisdiction.  Will the neighbor prevail?

A plaintiff, a citizen of Ontario, Canada, sues a defendant, a citizen of State A, on a note for $80,000 in federal court in State A.  On what basis does the federal court have subject matter jurisdiction?

A foreign correspondent, a United States citizen, has lived in England for many years. Prior to living in England, he resided in State A. However, he no longer maintains any home in the United States and has few contacts there. The reporter falsely wrote that the plaintiff, a citizen of State B, stole a Greek artifact from a foreign museum. The plaintiff sued the reporter for libel in federal court in State B, one of the states where the false story was published. The plaintiff claimed damages of $500,000. The reporter was properly served while on a brief trip to State B. The reporter moves to dismiss for lack of subject matter jurisdiction.  Will the reporter’s motion be granted?

Plaintiff, a State A citizen, was in State B visiting a popular amusement park owned by a State B Corporation.  While at the park, Plaintiff was injured while riding one of the rides. Plaintiff sued the Corporation in a federal district court in State B alleging negligence. To avoid a dismissal, what must Plaintiff allege in her complaint against the Corporation?

The plaintiff and defendant in a lawsuit were in an accident in which the plaintiff was injured. As a result of the accident, the plaintiff incurred medical expenses of $100,000. At the time of the accident, the plaintiff and defendant both lived in State A. Before the action was filed, the plaintiff moved permanently to State B. The plaintiff then filed a negligence action against the defendant in federal district court, with subject matter jurisdiction being based on diversity of citizenship. After the action was filed but before the defendant was served with process, the defendant was transferred by his employer and moved permanently to State B.  For purposes of evaluating the court’s diversity of citizenship jurisdiction, what are the citizenships of the two parties?

A manufacturer sued a department store for breach of contract, alleging that the department store failed to pay for a shipment of watches delivered by the manufacturer to the department store in July of that year. At trial, the manufacturer introduced evidence regarding the department store’s failure to pay for the watches. In addition, it introduced evidence that the department store failed to pay for a shipment of necklaces, also delivered that July pursuant to a separate contract. At the close of the manufacturer’s case, the department store introduced evidence showing that both the watches and the jewelry were defective. The jury returned a verdict for the manufacturer, awarding the manufacturer damages for breach of both contracts. The manufacturer then immediately moved to amend its complaint to conform to the evidence introduced at trial. Should the court allow the amendment?

A resident of State B was injured in the Southern District of State A when her car was struck by a large transport truck. At the time of the accident, the truck driver was acting in the course of his employment for a large retail corporation, which owned the truck. The plaintiff intends to file a negligence action in federal district court against both the truck driver and the retail corporation. The truck driver is domiciled in the Central District of State A. The retail corporation is a State C corporation, but has its principal place of business in a city in the District of State D. The corporation operates close to 100 stores in a number of states, including 20 stores in the Southern District of State A.  In which federal district court(s) is venue proper?

The plaintiff sued the defendant in a federal district court in State A. The defendant, a resident of State B, contends that the court lacks personal jurisdiction over him.  Which of the following statements is correct if the court finds that it lacks personal jurisdiction?