PracticeProblemsErieSMJxPleadings

 Documents

 4 views
of 3
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Description
PRACTICE PROBLEMS RE ERIE, SUBJECT MATTER JURISDICTION, AND PLEADINGS Senator plans to file suit against Author alleging that he was libeled by Author’s unauthorized biography of him. [Libel is the tort of injuring someone’s reputation by publishing written false statements about him.] Senator lives in an apartment on Capitol Hill in Washington, D.C. Author lives in Bread Loaf, Vermont and wrote the book there. For the purposes of this question, assume that the libel cause of action arose in Ve
Share
Tags
Transcript
  PRACTICE PROBLEMS RE  ERIE  ,SUBJECT MATTER JURISDICTION, AND PLEADINGS Senator plans to file suit against Author alleging that he was libeled by Author’s unauthorized biography of him. [Libel is the tort of injuring someone’s reputation by publishing written falsestatements about him.] Senator lives in an apartment on Capitol Hill in Washington, D.C. Author lives in Bread Loaf, Vermont and wrote the book there. For the purposes of this question, assumethat the libel cause of action arose in Vermont where the book was written.1.In what court or courts could Senator file his complaint? (Consider both subject matter  jurisdiction and personal jurisdiction.)2.Senator’s attorney plans to file a complaint in the federal court sitting in the District of Columbia. Which jurisdiction’s law will provide the elements of a cause of action for libel?Which jurisdiction’s rules will govern the procedural aspects of the case?The complaint was filed on the day after the statute of limitations had run. The complaint andsummons were served on someone fitting Author’s description who answered the door at 3506Main Street. Author in fact lives at 3606 Main Street and never received the complaint andsummons. An alert reporter spotted the complaint in the Clerk’s Office and wrote a story about it.Having seen the story, Author hires an attorney to represent her. The attorney’s review of thecomplaint reveals that it alleges all of the critical elements of libel except malice. Under theapplicable substantive law, malice is part of the plaintiff’s prime facie libel case (i.e., an essentialelement) against a public figure like Senator.3.What should Author’s first responsive document be and what issues should it cover?Author’s attorney files a 12(b)(5) motion to dismiss to challenge the service on the wrong person.4.The judge denies the motion. The attorney believes this is incorrect. Can she appeal theruling now?Having lost the pre-answer motion to dismiss based on improper service of process, the attorneywould now like to point out to the court (1) that it does not have personal jurisdiction over Author  because she does not have sufficient minimum contacts with the District of Columbia and (2) thatmalice has not been alleged as required for libel against a public figure.  5.a. Can she file a motion to dismiss to challenge the court’s personal jurisdictionover Author? b. Can she file a motion to dismiss for failure to state a claim?6.The judge does not allow her to file another motion to dismiss. a. Can she still raise thelack of personal jurisdiction? b. the failure to plead malice in the complaint? How?Author tells her attorney that she can prove that everything she said in the book is true and thatSenator violated her Fifth Amendment due process rights by starting a Congressional investigationof Author’s tax records.7.How does her attorney use that information in a responsive pleading?The case is about to go to trial and the defendant’s attorney realizes that she forgot to say anythingin the answer about the fact that the statute of limitations on the libel claim had expired.8.What can she do?Author loses the defamation case on the merits at trial. She appeals the rulings the trial court judgemade against her on First Amendment issues all the way to the Supreme Court. While preparingfor the oral argument in the Supreme Court, Author’s attorney reviews the trial transcript andnotices that when Senator testified he identified himself as domiciled in Vermont with a residenceon Capitol Hill where he stays while Congress is in session. 9.How does this information help her client?10.What if Senator had chosen to file his lawsuit against the publisher, Oxbridge UniversityPress, a British corporation, instead of against Author, in state court. Could Oxbridgeremove that case to federal court? What procedure would it follow to remove the case?11.If Senator sues Oxbridge in federal court and Oxbridge impleads Author, arguing thatAuthor should have to reimburse Oxbridge for anything it is ordered to pay to Senator,does the federal court have jurisdiction over the third party claim? Can Senator file anamended complaint and add Author as defendant?  12. You have just hung out your shingle and are still unpacking your books and notes when your secretary informs you that a potential client has appeared in the waiting room. Eagerly, you meetwith the client to discuss his case. Client, who is walking with a cane and appears to be in pain,tells you that he was injured while crossing in a crosswalk with a “walk light” when a UPS van rana red light and knocked him down. He was in the hospital for several weeks, had back surgery,and cannot return to his job as a Word Processor because of continuing back pain. He gives youcopies of his medical records, the name and address of a witness to the accident who he says willtestify for him, and asks that you file the case as quickly as possible. After he leaves, you begin toreview the medical records and realize under the applicable statute of limitations tomorrow is thelast day to file. Feverishly working all night, you draft a complaint and file it in federal court thenext day just in the nick of time. The complaint and summons are served on UPS the same day. Aweek later you receive a call from an attorney for UPS who informs you that your Client is aformer UPS employee who has a grudge against the company because he was fired and has filednumerous lawsuits against UPS to harass it. All of them allege accidents on the same day but indifferent sections of the city. The attorney tells you she has filed and is about to serve a motion for summary judgment and a request for FRCP 11 sanctions against your client, you, and your firm sothat your much more affluent partner will have to pay. Assuming the facts the UPS attorney gaveyou are true, argue to the Judge that sanctions should not be imposed as requested in the Rule 11motion filed by the UPS attorney.
Similar documents
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks