midterm.

docx
1. P files a suit against D, asserting a claim for breach of contract. D responds by
filing a motion to dismiss for lack of SMJ and for lack of personal jurisdiction. True or
False: D has waived the defense of PJ by filing both motions at the same time.
False, 12(h)(3)
2. A, a citizen of Ohio, is walking down the street in Cleveland when she is hit by a
car driven by B. A dies. C, a citizen of Pennsylvania, brings suit on behalf of A against
B. B is a citizen of Pennsylvania. After C bring suit seeking judgment o at least
$250,000 in the US District Court in Ohio, B files motion to dismiss for lack of SMJ
and for lack of PJ. The district court should:
A) Deny B’s motion in its entirety
B) Grant the motion to dismiss for lack of PJ
C)”” “” “” “” “” SMJ
D)Deny the motion in its entirety and sometimes B for violating rule 11
Its the person who was injured, we look at their citizenship, should be in A v. B,
accident in ohio, so even tho b is citizen of PA, they were in ohio at the time, A’s
death rises out of contacts in Ohio correct A.
3. M is sued by F in federal district court. Persuant to Rule 12(b)(2), M files a motion
to dismiss or lack of PJ. The district court denies the motion. M may immediately
appeal the trial court’s denial of the motion to dismiss, T or F? F (final judgment rule)
4. Which of the following can NEVER be based on consent?
A) appointment for an agent for service of process
B) choice of law to be applied to a contract dispute through a choice of law clause
(BK)
C)Expansion of the SMJ of a federal court (correct!)
D) waiver of service under FRCP 4 (overview)
5. X, a citizen of Texas, sues C, a citizen of NY, in Texas state court, C filed a motion
to dismiss for a motion to squash for lack of PJ. The Texas court denies C’s motion.
Thereafter, C does not appear in the Texas litigation, and ultimately judgment is
entered against C in Texas state court. To collect on the judgment, X subsequently
files suit in federal court in NY to enforce the judgement.
T or F: the district court in NY will enforce the judgment over C’s objection that the
Texas court did not have PJ over C. T
Pennoyer: if you don’t show up at all and take a default judgment then you preserve
your PJ objection C showed up and fought for PJ in Texas nad therefore that decision
is valid Texas state court judgment in another state
C is saying is the judgment valid or not valid, should it be enforced or not enforced?
It should be enforced
6. P, a citizen of New York, sued D, a citizen of Louisiana, in the US District Court for
the Eastern District of NY. P Claims that she flew to New Orleans and entered into an
agreement with D in which P would pay $100,000 for delivery of 5000 gallons of D’s
Cajun Hot source to P’s restuaturant in Brooklyn. P claims that she made payment
but that D never made the delivery.
Which provisions of the NY statute must be analyzed to determine whether there is
PJ over D in NY?
A) cplr 302 (a)(4)
B)302 (a)(3)(ii)
C) 302(a)(2)
D) 302 (a)(1) (correct!) breach of contract
7. Which of the following statements about Bell v. Novack is not correct?
A) the p originally filed the complaint in Maryland state court
B)the district court granted the defendants motion for a more definite statement
under FRCP 12(e) (correct)
C) the car accident giving rise to the lawsuit occurred in MD
D) the court cited the official forms in the appendix to the FRCP in its discussion
8. A citizen of Michigan is an engineer for GM, which is incorporated in Delaware
and has its principal place of business in Michigan. A goes on vaca with his family in
Maine. While in <aine, a gets into an accident with Z, a citizen of Maine. A blames
the accident on Z and wants to sue. In which of the following states may A sue Z?
just maine
A)Delaware
B) Michigan
C)Maine
D) Michigan and Maine
ESSAY
D= Pack more North Dakota
P= Long Island NY
Manufactors sanitation loading devices in IL
P brings lawsuit to Eastern District of NY
Says my claim is a tort claim, that the product was defectively manufactured and it
caused injuries
Pack-More says they cant be haled into NY court
Burdensome to leave ND
Sale occurred a year ago, injury recent, not foreseeable
We don’t have an office in ny or any employees
We didn’t bring this machine to ny, they did
Pack-more trying to say they are like volkswagon
Motion to dismiss should be denied there is jurisdiction
Invoice proving there was a sale by Pack-more to the p’s employer
Extent to the business in ny
National advertisement
No suggestion that this action was taken unilaterally
Answer should look like:
1pt: structure (long arm statute 1st then constitutional analysis)
Relevant long arm statute
302 (a)(3)(ii) (ny las will be on exam)
5 elements
Tortious act without the state (did not structure loading device right in IL and it
caused an injury within the state)
Injury within the state
Defective manufacturing
Expect to have consequences in the state: that is like a purposeful availment or
foreseeability analysis
Substantial revenue from interstate commerce
Arguments made or what pack-more does that is sufficient purposeful availment,
should foresee
3pts: minimum contacts
3 parts (relatedness (claim arises out of the sale of the device), Purposefeul
availment and foreseeability (specific sale to oyster bay should know it can be sued
there)
3pts:Fair Play and Substantial Justice
1. Burdensome for D (not bc make so much $), convenient for P (yes), forum state
interest (yes, one of its citizens have been injured and NY needs to provide forum), 4.
social policy and 5. efficiency (a wash here)
1 pt: General Jurisdiction
Where the contacts continuous and systematic?
No, there is no property, offices, workers
2 relevant comparisons are International Shoe reread 77-79, and Heliecopteros
Helecopteros is a good case, and there is a good quote in it