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A consumer was injured when his recently purchased gas oven exploded. The consumer timely filed a products liability action against the manufacturer in federal district court on a theory of strict products liability. Shortly after the complaint was filed and served on the manufacturer, the statute of limitations for any tort claim arising from the explosion expired. The manufacturer then timely filed an answer denying liability and denying the material allegations. Two weeks after the manufacturer filed and served its answer, the consumer filed and served an amended complaint that added a negligence claim arising from the same oven explosion. The manufacturer moves to strike the amended complaint, claiming that the amendment was improper and that the negligence claim is barred by the statute of limitations.
How should the court rule on those claims?CorrectIncorrect
A patent holder brought a patent infringement action in federal court against a licensee of the patent. The patent holder believed that a jury would be more sympathetic to his claims than a judge, and asked his lawyer to obtain a jury trial.
What should the lawyer do to secure the patent holder’s right to a jury trial?CorrectIncorrect