Week 13 Infection

Courtney, a homebuyer, filed a breach of contract action in a State A state court against First Place Homes, the contractor (a corporation), that agreed to build the home and sell it to Courtney. Courtney’s complaint joined as an additional defendant, First Place Homes’s agent, who negotiated the contract and signed it on behalf of First Place Homes. The action sought $150,000 in damages from both defendants. First Place Homes is a citizen of State B. Courtney and First Place Homes’s agent are citizens of State A. Six months after filing the action, Courtney dismissed the claims against the agent, leaving only the claims against First Place Homes. First Place Homes immediately and appropriately filed a notice of removal. May First Place Homes remove the action to federal district court?

Plaintiff Joe, a citizen of State A, filed suit against Keith, also a citizen of State A, in federal district court, alleging that Keith had failed to perform a contract to provide 1,000 fully automatic machine guns. Keith claimed that a recently enacted federal statute made the manufacture of fully automatic machine guns illegal.Does the federal district court have subject matter jurisdiction?

Alex, a citizen of State A, purchased life insurance by mail from a State B insurance company. Alex’s policy was the only one that the company had ever sold in State A. Alex mailed premiums from State A to State B for five years, and then died. The insurance company refused to pay the policy benefits. Alex’s administrator sued the company in State A state court. The state has a long arm statute that grants a state court in personam jurisdiction over a defendant who “contract[s] to insure any person, property, or risk located within this State at the time of the contracting.” The insurance company argued that its only contact with State A since it began its business was Alex’s insurance policy, and that this single contact does not meet the minimum required for the exercise of in personam jurisdiction under International Shoe.How should the court rule on the minimum contacts issue?

Brad executes a command in R to generate correlation matrix  R command:   round(cor(df[,c(2:6)]),3)  Based on output of this command and keeping in mind that Wperc is a dependent variable while Age, Wt, ShPerc, SVPerc are independent variables , which statement is correct.  

The plaintiff corporation is incorporated in State A and has its principal place of business in State B. The defendant corporation is incorporated and has its principal place of business in State C. It also has branch offices and does substantial business in all 50 states. The cause of action is based on a breach of contract that was to be performed in State D, which has a long arm statute authorizing jurisdiction in such cases.In which of these states may the plaintiff corporation bring its action?

Dominic, a resident of the Northern District of State A, sues Eugenie, a resident of the Southern District of State B, for personal injuries he suffered when Eugenie pushed him off a ski lift in State C, which has only one federal court district.In which of the three districts mentioned is venue proper?

Thomas, a resident of State A, brought a negligence action in a State B federal court against Bill, a defendant following a car accident in State A. Bill was a resident of State B, which has one federal district court encompassing the entire state. Thomas’s claim alleged $80,000 in damages. Bill answered the complaint by denying liability and filing a counterclaim against Thomas. One month later, Bill filed a motion to transfer the case to the District of State A.How will the court likely proceed?

Wholesaler sued Retailer in a federal court in State A. Retailer timely filed and served a motion to dismiss for lack of subject matter jurisdiction. The court denied this motion.Thereafter, Retailer filed and served its answer. Ten days after serving its answer, Retailer filed an amended answer, raising, for the first time, the defense of lack of personal jurisdiction, which was available when the motion mentioned above was filed.Should the court consider the personal jurisdiction objection?

Simplicity is key at FastCap. Its 50,000 sq foot facility is simple, not fancy.  In the office, there are no doors, and no walls.  To maximize efficiencies, everyone’s desk is a stand up desk.  The shipping area has no walls and the order desk is even on wheels.  The main production lines are designed to flow directly to shipping.  These organizational characteristics support ___________.