Reading Assignment 2
diversity jurisdiction federal court's power to solve civil disputes between citizens of different states
where the amount in controversy exceeds $75,000.
No plaintiff shares a state of citizenship with any defendant.
Beeck v Aquaslide 'N' Dive Corp.
Facts: Beeck (P) sustained severe injuries while riding a water slide at a company outing. Beecks
complaint named Aquaslide (D) as the manufacturer and sought to recover damages. Aquaslide
originally admitted th
Zielinski v Philadelphia Piers, Inc.
Facts: Zielinski (P) was operating a forklift for J. A. McCarthy, Inc. when he was injured by Sandy
Johnson. Zielinski sued Philadelphia Piers, Inc. (D) and alleged his injuries were caused by Sandy
Mosley v General Motors Corp.
Brief Fact Summary. The Plaintiffs, Nathaniel Mosley and nine other persons (Plaintiffs), joined in
bringing an action individually and as class representatives alleging that their rights were violated by
Phillips Petroleum v Shutts
Brief Fact Summary. Plaintiffs, royalty owners to gas produced by Defendant, brought a class action in
Kansas state court against Defendant to recover interest on royalty payments. The trial court sent notice
Temple v Synthes Corp.
Temple (P) underwent back surgery and a plate and screw were inserted into his spine. The screws
broke off inside his spine and Temple sued Synthes (D), the manufacturer of the plate and screw, for
Frier v City of Vandalia
Brief Fact Summary. The Plaintiff, Charles Frier (Plaintiff), had his cars towed without being issued a
ticket or given a hearing.
Procedural History. He first filed suit in state court seeking replevin. He later filed
Gargallo v Merrill Lynch, Pierce, Fenner & Smith
Brief Fact Summary. A brokerage firm sued a client for failure to pay debts relating to a margin
account. After the client filed a counterclaim against the brokerage firm, the presiding court dis
Thompson v The Haskell Co.
Brief Fact Summary. The Plaintiff, Thompson (Plaintiff), sought to shield from discovery documents
related to her that were in the possession of her psychologist, Dr. Laura Lucas (Dr. Lucas).
Synopsis of Rule of Law.
Zubulake v UBS Warburg LLP
Brief Fact Summary. Plaintiff, Laura Zubulake, brought gender discrimination and wrongful
termination suits against Defendants, UBS Warburg LLC et al., and she sought access to emails that
were stored and archived by
Parklane Hosiery Co. v Shore
Brief Fact Summary. The plaintiff in a securities fraud stockholders class action suit against a
defendant sought collateral estoppel following an SEC action against the same defendant in which the
district court reached a fac
Bias v Advantage International, Inc.
Brief Fact Summary. Following the death of Len Bias (Bias), his father, the Plaintiff, James Bias
(Plaintiff), brought suit on behalf of Bias estate against his agent, the Defendant, Advantage
Stradford v Zurich Insurance Co.
Facts. Plaintiff had previously notified Defendant Zurich Insurance co. that on January 17, 2000, he
returned to his office from his vacation and found water dripping from frozen pipes and extensive water
Semtek Intl. Inc. v Lockheed Martin Corp.
Facts / Procedural History: Plaintiff, Semtek Intl. Inc. filed suit in California state court against
Defendant Lockheed Martin alleging inducement of breach of contract and various business torts.
Reading Assignment #1
most of the 1st year of law school covers substantive law
substantive law rules governing behavior in ordinary life.
ex. property, criminal law, torts and contracts
procedure = insider's law = etiquette of ritualized battle d
Supplemental jurisdiction stretches federal jurisdiction to cover parts of cases that, if brought
independently, would not have fit within the district courts subject matter jurisdiction
In re Ameriquest Mortgage Co. Mortgage Lending Practices L
pennoyer power, consent, and notice
International Shoe Co. v Washington
Facts: International Shoe Co. (D, appellant) is a Delaware corporation with its principle place of
business in St. Louis, Missouri. It had no offices in the state
in rem jurisdiction
quasi in rem jurisdiction
Harris v Balk
Harris (D) was indebted to Balk (P) for $180. Both were residents of North Carolina. Epstein, a resident of Baltimore, Maryland, asserted that Balk wa
Caterpillar, Inc. v Lewis
Fact: Defendant James David Lewis, a resident of Kentucky, filed a lawsuit in Kentucky state court on
June 22, 1989, after sustaining injuries while operating a bulldozer. He named as Defendants both the
Pg 112Burger King Corp. v Rudzewicz
Rudzewicz (D) and MacShara entered into a franchise contract with Burger King Corp. (P) to open a
restaurant in Michigan. Burger King was incorporated in Florida and a choice of law clause in the
Carnival cruise lines inc v shute
Facts. Defendant Shute purchased passage for a seven day cruise on the Tropicale, a ship owned by
Plaintiff, through a Washington travel agent. The face of each ticket contained terms and conditions of
passage, which incl
Guaranty Trust Co. v York
Brief Fact Summary. Guaranty Trust Company (Petitioner) served as trustee for some of the
noteholders of the Van Sweringen Corporation (Van Sweringen). In 1930, Petitioner loaned money to
corporations affiliated with
Goodyear Dunlop Tires Operations, S.A. V Brown
Facts: Two 13-year old, North Carolina, boys were vacationing in France and died in a bus accident.
The defenants estates (Respondents) filed suit in North Carolina state court against P
Class #11 Reading
Both state and federal courts may decline to exercise jurisdiction even though they possess it.
Long-arm statute only extend as far as the Constitution will permit
Forum non conveniens courts may refuse to take jurisdiction ov
Gibbons v Brown
Facts: Plaintiff was driving with Defendant and Mr. Brown, in Montreal, Canada in 1994. Plaintiff
allegedly gave faulty directions to Mr. Brown, who was driving, resulting in him driving down a oneway street into a head-on colli
CIVIL PROCEDURE I OUTLINE
Fall 2016 - Welkowtiz
SUBJECT MATTER JURISDICTION
A. Diversity Jurisdiction
1. Statutory Requirements 28 U.S.C. 1332
i. District courts shall have original jurisdiction
over all civil actions where the amount in