Questions 9 through 11 involve the same fact pattern. Plaint…

Questions 9 through 11 involve the same fact pattern. Plaintiff Peter files an action for negligence against Defendant Donald, a coworker, arising out of an automobile accident that occurred in the parking lot of the office of their employer.  11. Plaintiff Peter conducts some discovery in the action and realizes that Donald, his supervisor, has discriminated against Peter in their workplace.  The statute of limitations on the discrimination claim expired shortly after the filing of Peter’s negligence claim.  Peter wants to amend his complaint to add the discrimination claim.  Under what circumstances is this possible?I. Peter can amend the complaint to add the discrimination claim if Donald consents. II. Peter can amend the complaint to add the discrimination claim because the claim relates back to the date of the filing of the complaint. III. Peter can amend the complaint to add the discrimination claim if Donald had notice of the discrimination claim within 90 days of the filing of the complaint.

23. Abe collides with Brian on the highway, causing Brian to…

23. Abe collides with Brian on the highway, causing Brian to fly through his windshield and suffer serious physical injuries. Brian sues Abe in State X federal court for negligence. Abe responds by alleging Brian’s contributory negligence based on the fact that the collision occurred at 11 p.m. and Brian was operating his vehicle without his lights turned on. Assume State X is a contributory negligence state where the plaintiff’s negligence will serve as a complete bar to relief.  Before submitting the case to the jury, the judge instructs it that it must return a verdict in favor of the defendant (Abe) either if they find that the defendant was not negligent at all or if they find that the plaintiff (Brian) was negligent in failing to have her lights on. The jury returns a general verdict in favor of Abe.  In a subsequent case in State Y federal court, Abe sues Brian for negligence for causing his injuries in the same collision.  May Abe assert the previous action as barring Brian from denying his own negligence?  

Questions 26 and 27 involve the same fact pattern. Potts sue…

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?