Blog

Questions 26 and 27 involve the same fact pattern. Potts sues Defendant Company for injuries she suffered when Potts’s car collided with Defendant Company’s truck. Defendant Company’s general manager prepared a report regarding the circumstances of the accident (by taking a statement from the truck driver), at the request of the insurance company because the insurance company received a claim for damages from Potts’s attorney. During discovery, Potts demands that the report be produced. 26. Will production of the report be required?

2. Energy is defined as  

Members of what group are multicellular producers?

12. The City of Lincoln’s police department promoted several minority officers to the rank of captain.  Several Caucasian officers then brought an equal protection action against the City of Lincoln’s police department in federal court, alleging that they [the Caucasian officers] had performed better on promotion tests than the minority officers, and had been discriminated against on the basis of race.  The Caucasian officers argued that they should have received the promotions, rather than the minority officers.  May the minority officers intervene as of right in the Caucasian officers’ equal protection lawsuit against the City of Lincoln’s police department?

3. A drug binds to the active site of an enzyme. If it is bound to the active site of the enzyme, it prevents substrate binding. This drug would be considered a  

7. Bob, a citizen of California, sued Insurance Company of Texas (a company incorporated in Texas, with its headquarters in Texas) for bad faith failure to pay a claim in the United States District Court – Central District of California.  After being served with the complaint, the Insurance Company of Texas filed a motion for summary judgment arguing that Bob has no evidence to support his claims.  How should the Court rule on the motion?

2. The Supreme Court amended Federal Rule of Civil Procedure, rule 3, to read as follows: “A civil action is commenced by (a) filing a complaint with the court, and (b) paying a $100.00 filing fee to the clerk of the court.”  Catherine is contemplating bringing a class action against BigCorp in State X.  State X has a law that imposes a special filing fee of $25,000 for all lawsuits brought as class actions.  In order to avoid the expense, Catherine brings her suit in the federal district court of State X by filing her complaint and paying the $100.00 fee.  BigCorp moves to dismiss, claiming that Catherine’s lawsuit was not properly commenced because she failed to comply with the filing fee requirements of State X.  How should the court rule on BigCorp’s motion?

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 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 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?