Category Archives: Engineering

Analyze the following situations and determine whether the federal court has jurisdiction under diversity of citizenship.

Analyze the following situations and determine whether the federal court has jurisdiction under diversity of citizenship.

a. Brady and Jeffers, both citizens of North Dakota, wish to sue as a result of an automobile accident caused by the negligence of Crane, a citizen of Montana. The damages for each of them exceeds $75,000.

b. Same facts as (a) except that Brady and Jeffers also want to name as a defendant, Dowd, the owner of the vehicle driven by Crane. Dowd is a citizen of North Dakota.

c. Same as in (a) except that Brady is claiming damages of $50,000 and Jeffers is claiming damages of $40,000. d. Digicam, Inc., a manufacturer of digital cameras, is a corporation incorporated in the state of Delaware with its principal place of….

Analyze the following situations and determine whether the forum state has personal jurisdiction.

 

Analyze the following situations and determine whether the forum state has personal jurisdiction.

a. Review the Digicam, Inc. situation described in (d) of question 5. Based on the facts given, would the state of Washington have personal jurisdiction over Digicam?

b. Go A Weigh, one of the corporations mentioned at the beginning of this chapter, maintains a Web site, . The Web site contains a description and pictures of its equipment; a feature entitled “Frequently Asked Questions”; a list of names, addresses, and telephone numbers of vendors who sell the exercise equipment; and an e-mail address to contact the company for more information. You cannot order any equipment through the Web site. Marley is a resident of the state of Maine. Marley sees its Web site and….

Analyze the following factual situations and determine which, if any, cause of action exists.

Refer to Exhibit 3–3, Elements of Different Causes of Action. Analyze the following factual situations and determine which, if any, cause of action exists.

a. Connors and Loewe enter into a written agreement whereby Connors agrees to purchase Loewe’s house. Prior to signing the agreement, Connors asked Loewe about the condition of the roof. Loewe tells Connors that the roof is in good repair. In fact, Loewe recently had a roof inspection done and was told that the roof was in terrible condition and should be replaced immediately. Shortly after Connors moves into the premises, a storm occurs and the roof leaks in several places.

b. Engels buys a preassembled student desk for her grammar school son. When an overhead light goes out in her son’s room, Engels….

By what date must a claim be filed?

Refer to the various statutes of limitations set out in this chapter (see Exhibit 3–4 and Exhibit 3–5). Consider the following cases. What would be the last date on which the complaint could be filed?

a. On February 15, 2007, Jeffers and Holmes, both California residents, enter into an oral agreement whereby Holmes agrees to loan Jeffers money, which is due and payable on February 15, 2008. On February 15, 2008, Jeffers does not repay the money. Holmes wants to sue.

b. Ruiz hires Baines and Baines, Attorneys at Law, to represent him in a lawsuit for personal injuries resulting from an automobile accident. Unfortunately, the attorneys miss the statute of limitations for the action and Ruiz’s claim is barred. The complaint should have been filed March 1,….

Discuss whether they are admissible pieces of evidence and, if so, how they could be authenticated.

When you review the Morrison file (Commentary), you find the following items. Discuss whether they are admissible pieces of evidence and, if so, how they could be authenticated. If there are any hearsay problems be sure to include that in your analysis.

a. photographs of the workplace

b. a letter from Peter Wayans, president of Acme, Inc., apologizing to Morrison for his company’s involvement in his illness

c. a letter from Acme Inc.’s insurance company stating that they were handling the claim

d. a recorded statement from Joseph Polizo, a coworker of Morrison

e. a deposition of Joseph Polizo

f. copies of Morrison’s medical bills

g. copies of Morrison’s medical records

h. a report from the EPA detailing the hazards of exposure to asbestos

Review the case Commentary at the beginning of the chapter.

Review the case Commentary at the beginning of the chapter. Assume that Jones filed a complaint against Overland for $100,000 for parts that Jones sold and delivered to Overland, the amount becoming due on May 1, 2007. Analyze the following situations. What motion or motions would be appropriate? Explain your answers.

a. Assume that Overland filed an answer admitting all of the allegations of the complaint but asserting as an affirmative defense the following: “In recent months defendant Overland Corporation has suffered severe financial setbacks and has been unable to meet its financial obligations. On or about May 1, 2007, defendants offered to pay plaintiff the sum of $1,000 per month toward the obligation described in the complaint, however plaintiff refused and continues to refuse such compromise.” There….

Determine which of the following items in the Clostermann case would qualify as initial disclosures and which, under Rule 26 of the Federal Rules, would have to be provided to the Zeiglers without waiting for a discovery request

Analyze the following situation and, using your understanding of the discovery rules as explained in this chapter, determine which of the following items in the Clostermann case would qualify as initial disclosures and which, under Rule 26 of the Federal Rules, would have to be provided to the Zeiglers without waiting for a discovery request:

a. a copy of a list of all of the components manufactured by Clostermann and delivered to Aerosystems over the last 12 months;

b. a set of notes written by your supervising attorney during the initial interview with Dr. Clostermann;

c. a memo detailing the problems that other companies have had with some of the component parts produced by Clostermann Industries, Inc.;

d. the names, addresses, and phone numbers of the officers of….

Analyze the following situation and determine the proper response

Analyze the following situation and determine the proper response:

a. Suppose that in the Kuasar Stadium case, your supervising attorney has asked you to draft a set of interrogatories to be sent to The Kuasar Management Corporation, the object of which is to lay the foundation for a later document-production request related to all ESI stored in the corporation’s computer system. One set of interrogatories would have to attempt to determine the number and types of computers that are in operation as a part of the corporation’s daily routine. How would you phrase the interrogatories to ensure that no computers escape consideration?

b. Another set of questions would attempt to determine the configuration of the corporation’s e-mail system. What questions would you consider asking about the e-mail system?

….

Analyze the following situation and decide on the proper response. Suppose in the Rutherford case that your supervising attorney’s client, Mr. Rutherford, has announced that he intends to refuse to show up for his scheduled appointment with Dr. Altick.

a. What are the possible sanctions under the Federal Rules of Civil Procedure that Mr. Rutherford risks if he follows through on his threat? Explain.

b. How would you dissuade Mr. Rutherford from going through with his threat to refuse to see Dr. Altick?

c. Mr. Rutherford insists that his own physician be allowed to be present for his physical examination. Explain to Mr. Rutherford the circumstances that would allow this to occur.

d. Mr. Rutherford also insists that you be allowed to be present for his physical examination…..

consider each of the following documents and determine whether it should be a part of the documents and/or ESI requested from Mallendorf, Jamison, and Associates, Inc.

Carefully consider each of the following documents and determine whether it should be a part of the documents and/or ESI requested from Mallendorf, Jamison, and Associates, Inc.

a. A series of internal e-mails on the computer system in the offices of Mallendorf, Jamison, and Associates, Inc., detailing negotiations with Nikara and Mallendorf, laying the foundation for Mallendorf’s audit of Nikara.

b. ESI detailing the results of another audit conducted by Mallendorf, Jamison, and Associates, Inc., on Marlis and Weaver, Inc., another firm that Mallendorf audits on a regular basis.

c. All stored metadata from the audit conducted by Mallendorf, Jamison, and Associates, Inc., on Nikara Pharmaceuticals.

d. A series of e-mails between the team that conducted the audit at Nikara and Mallendorf’s attorneys.

e. A series of letters….