Essay Question 1 During a recent visit to Los Angeles, John…

Essay Question 1 During a recent visit to Los Angeles, John was involved in a head on collision with Susan. After a three month stay in the hospital, John was finally able to fly back to his home state of Texas. Upon his return, John retained a California attorney named Simon who filed suit on his behalf against Susan in the Federal District Court for the Central District of California. Immediately after he was retained but prior to filing the complaint, Simon sent Susan’s attorney, Anne, an email requesting that all evidence related to the accident – including the electronic data recorder that recorded Susan’s car’s speed at time of impact – be preserved. Anne called Simon in response to the email saying that she had directed Susan’s car – to include the electronic data recorder – be destroyed because it was accumulating storage fees. At some point during the litigation, Anne filed a document with the Court that bore her signature asserting that she neither received the email regarding the electronic data recorder nor did she ever respond to Simon regarding such an issue. At some point following that filing, Simon filed with the Court the email that he sent Anne along with a phone log showing a twenty-minute phone call with a number associated with Anne’s firm that began immediately after Simon’s email was sent. 1.     Assuming Simon files an FRCP Rule 11 motion, how should the Court rule? 2.     Assuming Simon files an FRCP Rule 37 motion, how should the Court rule?

14. Hospital was incorporated in the state of Delaware with…

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?

8.  Pam sues Donna in federal district court for breach of c…

8.  Pam sues Donna in federal district court for breach of contract that Donna signed 2 months ago.  Additionally, Pam also wants to sue Donna for intentional infliction of emotional distress as a result of Donna driving over Pam’s pet and killing it.   Donna files a motion to dismiss, or in the alternative, severance of the intentional infliction of emotional distress claim based on misjoinder.  How should the court rule on the motion?

21. Phil, a citizen of Virginia, sues Darrell, a citizen of…

21. Phil, a citizen of Virginia, sues Darrell, a citizen of Maryland for breach of contract alleging $50,000 in damages.  Phil’s complaint also has claims for defamation and interference with prospective contractual relations, alleging damages in the amounts of $20,000 and $5,000, respectively.  May Phil sue Darrell on all causes of action in a federal court?