SMJ
Teeny (CA) sues Carrie (FL) for breach of contract in state court in Florida for $80,000. Can Carrie remove to federal court?
No, in-state defendant rule
Michael, who is from Puerto Rico, sues Danny for a car accident that happened while Michael was driving through Florida. Danny's only contact with Florida was the car accident, as he is from Georgia and was driving through Florida to get to a cruise ship. Can the FL court exercise PJ over Danny?
Yes, specific PJ
Sally got a BBL in the UK from a doctor who resides in New York. The BBL was botched, and Sally sues the doctor in the Southern District of New York. All the witnesses and evidence is in the UK. Should the S.D.N.Y. court dismiss or transfer?
Forum non conveniens dismissal
Elphaba sues the Wizard for tyranny in Oz. She gets her flying monkeys to deliver a copy of the summons and the complaint to him at his castle in Oz, but Madame Morrible is there instead. She does not live there, she is just there for a meeting. The flying monkeys leave the summons and complaint there. Was service of process proper?
No, must leave it with someone of suitable age and discretion who resides there if leaving it at one's dwelling
Grant, not plausible
Deny, copyright infringement is in the exclusive jdx of federal court
Rachel goes on Maury to confirm the identity of her child's father. When Maury reveals it's Tony, Tony speeds out the studio. Rachel lives in Washington. She decides to sue Tony for unpaid child support in WA ten months later. Tony lives in New Jersey. She still has Tony's number, and tells him to come to Washington so she can sell him a car he really wants. He comes to WA, and she serves him with process. Tony files a motion to dismiss for lack of PJ. How should the court rule?
Grant, Tony was led to WA for fraudulent reasons
Johnny is killed by a fire negligently lit in a church in LA, which is in the Central District of CA. The firestarters live in Oakland, which is in the Northern District of CA. Ponyboy, his brother, sues the firestarters in the Northern District of CA. All the evidence and witnesses are in the Central District of CA. Should the court dismiss or transfer?
Transfer
How many days does the plaintiff have to serve the defendant with a copy of the summons and complaint after filing?
90
How many days does the defendant have to answer the plaintiff's complaint? What if they waive process?
21 days
Waive - 60
Penelope sues a police officer for violating her civil rights under federal statute and for battery; the incident occurred in 2015. Penelope sues in federal court on both claims. Does the federal court have to hear the state law claim?
No, but they can
Tyra is sued by several models for psychological torture on her show America's Next Top Model. The models sue her in her domicile: TX. Tyra moves to dismiss for lack of PJ. How should the court rule on it?
Deny it, state has general PJ over claim
Renee and her friends go out partying on a yacht in the District of Massachusetts. Renee gets up on the railing to do a TikTok dance and ends up falling and drowning in the sea. Renee's family sues Renee's friends for negligence in the District of Oregon, as that is where she was from. Renee's friends answer, then 100 days later move to dismiss for improper venue. How should the court rule?
Deny, they didn't raise it in their answer
Alondra sues Jared for defamation. She serves him herself with a copy of the summons and complaint. Jared files a motion to dismiss for improper service of process, how should the court rule?
Grant, according to Rule 4c, person serving cannot be party to suit
Beetal sues Arielle for negligence. Arielle is properly served, but she looks at the complaint and says "Man, idc, come and get me!" Arielle does not answer the complaint or file any motions for three months. What should Beetal do next?
Enter default with clerk (if sum certain) or judge, then wait for default judgment
The students of Contracts sue Susan for IIED in state court. Susan asserts a defense of her teaching style under the First Amendment in her answer and timely removes to federal court. The students timely move to remand back to state court. How should the court rule on the motion to remand?
Grant, no federal question jdx since it is raised in the answer and not the well-pleaded complaint
*Pre International Shoe, right after Pennoyer* Regann sues Liv for trespass to chattels in CA. Liv lives in New York, and is served in New York. Liv moves to dismiss for lack of PJ. How should the court rule?
Grant, Pennoyer said one has to be served while in forum state to exercise PJ
Chrissy, a huge Beyonce fan, gets ready to buy tickets her concert online. The resalers are setting the prices really high, and Beyonce isn't doing anything about it. Chrissy sues Beyonce in the Northern District of New York for price gouging. Beyonce's selling the tickets from Barcelona. All the evidence and witnesses are there, but Chrissy would get only $1 in damages if she were to sue there; she would get $800M in the N.D.N.Y. Beyonce moves to dismiss under forum non conveniens. How should the court rule?
Deny, because although more convenient in Barcelona, Chrissy's remedy would be basically nothing there
Arielle sues Beetal for false imprisonment in CA. Beetal lives in IL. Arielle does not send Beetal the copy of the summons and complaint; she publishes the notice in the newspaper. Is this proper?
No
Freddy sues Brian. In the complaint, Freddy alleges that Brian intentionally inflicted emotional distress on him by behaving extremely and outrageously. Brian moves to dismiss for failure to state a claim. How should the court rule?
Grant, his complaint is too conclusory
Romeo sues his school for state-law discrimination after his school did not have books in his primary language. The state discrimination law takes its cues from the federal one, and the federal one does not talk about language discrimination. Romeo sues in federal court for both claims. The school moves to dismiss for lack of SMJ. What should the court do?
Grable Gunn test, embedded federal issue since the federal issue has to be resolved in order to resolve the state issue
Tweety Bird signs a contract with Fire Wings Alameda to franchise in Southern California. The contract says that any dispute will be dealt with in New York. Tweety Bird defaults on their payments and is sued by Fire Wings in New York. Tweety Bird moves to dismiss for lack of PJ. How should the court rule?
Deny, forum selection clause is consent
Effie sues Curtis in state court in the 3rd judicial circuit in Maryland for unpaid profits. Curtis wants to transfer to the federal court. There is no diversity or federal question. Can he do that?
No, no state to federal transfers
Susan sues Duane in federal court for negligence. Susan's process server gives Duane a copy of the summons, but not the complaint. What should Duane file?
Mtn to dismiss under 12b4 (improper process)
QQ sues JJ for assault. In the complaint, QQ says JJ "used his big head and ugliness" to assault QQ; QQ also alleges that JJ assaulted him because "he's got baby mama drama and is mad over that". JJ moves to strike. How should the court rule?
Grant, striking generally disfavored unless it is scandalous, immaterial, or irrelevant