A buyer sued one co-owner of a commercial lot in federal court for specific performance of a sale contract. A second co-owner, who did not sign the contract, claims an ownership interest that could be impaired if the...
Citations: Fed. R. Civ. P. 19
A bank holds $250,000 in escrow from a failed real estate sale. The buyer claims the seller breached first and demands the money back. The seller claims the buyer defaulted and demands the money as liquidated damages....
Citations: Fed. R. Civ. P. 22, 28 U.S.C. 1335
...e same collision. Which statement is most accurate? This is a classic joinder-jurisdiction trap. The defendant's derivative impleader claim may be in supplemental jurisdiction, but the plaintiff's direct claim against a...
Citations: Fed. R. Civ. P. 14, 28 U.S.C. 1367(b), 28 U.S.C. 1332
...the motion? Discuss whether the brother is a required party, whether joinder is feasible, the Rule 19(b) factors, and possible alternatives to dismissal. This essay tests required-party analysis and the difficult second...
Citations: Fed. R. Civ. P. 19, Fed. R. Civ. P. 21, 28 U.S.C. 1332
A citizen of State A sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
A city sued a developer in federal court seeking a declaration that a riverfront parcel may be used for a public trail. A conservation trust claims a recorded easement over the parcel for habitat protection and moves...
Citations: Fed. R. Civ. P. 24
A homeowner sued a general contractor in federal court for fire damage allegedly caused by faulty wiring. The contractor wants to bring in the electrical subcontractor, alleging that the subcontract requires the subco...
Citations: Fed. R. Civ. P. 14
A life insurer admitted that $750,000 was payable under a policy but received competing demands from the decedent's former spouse, current spouse, adult child, and a judgment creditor. The former spouse claims she rem...
Citations: Fed. R. Civ. P. 22, Fed. R. Civ. P. 24, 28 U.S.C. 1335
...? Discuss compulsory and permissive counterclaims, crossclaims, claim joinder, and any separate jurisdictional limits. This essay tests the...
Citations: Fed. R. Civ. P. 13, Fed. R. Civ. P. 18, 28 U.S.C. 1367
A pedestrian sued a driver and a delivery company in one federal action after a collision. The driver alleges that the delivery company's truck forced the driver into the pedestrian's lane and wants indemnity or contr...
Citations: Fed. R. Civ. P. 13(g), Fed. R. Civ. P. 18
...moving company. The defendants move to dismiss the entire case for misjoinder. Which statement is most accurate? Rule 21 is a case-management rule. It corrects party and claim structure without requiring dismissal of the...
Citations: Fed. R. Civ. P. 21
A plaintiff with a federal copyright claim against a publisher also wants to assert a state-law claim against the same publisher for an unrelated office lease dispute. The publisher argues that the claims cannot be jo...
Citations: Fed. R. Civ. P. 18, 28 U.S.C. 1367
A repair shop sued a customer in federal court for failing to pay $12,000 for engine repairs. The customer alleges that the same repairs were performed negligently and destroyed the engine, causing $60,000 in damages....
Citations: Fed. R. Civ. P. 13(a), 28 U.S.C. 1367
...on claims. The manufacturer moves to dismiss the entire action for misjoinder. Alternatively, it asks the court to sever the claims and order separate trials. The homeowners argue that all claims concern windows and home...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 21, Fed. R. Civ. P. 42
...moves to sever the claims. Which statement best describes permissive joinder? The correct answer states both Rule 20 requirements and leaves room for case-management orders if joinder would cause prejudice or delay. Fed...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 42
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