...May 1. Ben was served on May 5. On May 20, LoaderCo filed a notice of removal to the federal district court for the district embracing the State B court. Ben did not join or consent to the notice. Paige moves to remand o...
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
...ved defendant is a citizen of State A. Which statement best describes removal? The correct answer states the forum-defendant rule and its key limits. 28 U.S.C. 1441(b)(2)
Citations: 28 U.S.C. 1441(b)(2)
Amara sued Delta Drones, Inc. and LiftPoint LLC in federal district court, invoking diversity jurisdiction. Amara has lived in State A for six years, owns a home there, votes there, and intends to remain there. Delta Dro...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...witnesses live. Morgan argues that the Western District is the proper removal venue because it embraces the state court where the case was pending, but admits that State M would be more convenient. Should the federal cou...
Citations: 28 U.S.C. 1441(a), 28 U.S.C. 1404(a), Polizzi v. Cowles Magazines, Inc.
...roughout the United States, but it receives no state-by-state reports and does not design clips for any particular U.S. state. A skier in State L is injured when a binding containing an AlpineGear clip fails. The skier s...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...laintiff invokes diversity jurisdiction in a case with two plaintiffs and three defendants. Which statement best describes complete diversity? The correct answer states the complete-diversity requirement. 28 U.S.C. 1332...
Citations: 28 U.S.C. 1332, Strawbridge v. Curtiss
...group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund the litigation, c...
Citations: Taylor v. Sturgell
...in federal district court for breach of a state-law contract. Sierra and Atlas are both citizens of State Q, and the complaint alleges $40,000 in damages. No federal statute is involved. Atlas answered, litigated for 14...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
...court. Which statement best describes the proper federal district for removal? The correct answer states the special venue rule for removed cases. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...rongest arguments for each side, state the controlling rule for venue and transfer, apply it to the material facts, and explain the likely remedy or consequence. This essay tests venue and transfer in the syllabus path C...
Citations: 28 U.S.C. 1391, 28 U.S.C. 1404, 28 U.S.C. 1406
...est arguments for each side, state the controlling rule for pleadings and Rule 12 motions, apply it to the material facts, and explain the likely remedy or consequence. This essay tests pleadings and Rule 12 motions in t...
Citations: FRCP 8, FRCP 9, FRCP 12, Twombly, Iqbal
...res the two-step Rule 19 structure: required if feasible, then equity-and-good-conscience analysis if not feasible. Fed. R. Civ. P. 19
Citations: Fed. R. Civ. P. 19
...izen of State A. The brother signed no contract, has refused to sell, and has filed a state-court action seeking a declaration that any sale without his consent would violate his ownership rights. The plaintiff argues th...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
...or summary judgment six weeks after answering, before any depositions and before producing service logs. The company submitted an affidavit from its operations director saying the alarm system was working when installed...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...defendant has identified two employees likely to support its defenses and has a spreadsheet calculating its claimed offset, but it says its investigation is incomplete and that it will disclose information only after the...
Citations: Fed. R. Civ. P. 26(a)(1), Fed. R. Civ. P. 26(e), Fed. R. Civ. P. 26(f)
...y judgment. The File has a task memo, complaint, deposition excerpts, and six emails. The Library has a rule of civil procedure and three cases, one of which has facts closely matching the client's strongest argument. Af...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
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