Civil Procedure Keyed to Subrinback
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A book dealer (who is a citizen of State A) sold a number of rare comic books to a collector (who is a citizen of State B) for $90,000. The collector paid $10,000 upon delivery and agreed to pay the balance in eight monthly installments of $10,000 each. Two weeks after the sale, the dealer and the collector were involved in an automobile accident that was unrelated to the comic book transaction. More than eight months pass and the collector failed to pay the $80,000 owed on the comic books.
If the dealer files a contract action against the collector in federal district court to collect the $80,000 owed on the comic books, can he join in the same action a negligence claim in the amount of $100,000 for injuries incurred in the automobile accident?CorrectIncorrect
A homeowner from State A filed a breach of contract and negligence action against a State B architect in federal district court, seeking damages for problems with the homeowner’s house. In designing the house, the architect relied on calculations performed by a State B engineer whom the architect hired to assist him with the project. The architect believes that incorrect calculations by the engineer caused any defects in the design.
May the architect assert and maintain an indemnity claim against the engineer in the pending federal action?CorrectIncorrect
A husband and wife were traveling in a car with the wife driving when they were in an accident with a truck. The accident occurred in a comparative negligence state in which each joint tortfeasor is liable only for the proportion that his own fault contributed to the accident. The husband sued the truck driver in federal district court. The truck driver, contending that the wife was an indispensable party, filed a motion to dismiss the action because the husband did not join his wife as a party to the action.
How should the court rule on the truck driver’s motion?CorrectIncorrect
Two citizens of California were injured in New York City when the taxi in which they were riding was in an accident. The two California citizens intend to file tort claims against the taxi driver, a citizen of New York, in federal district court seeking over $100,000 each.
May or must they assert their claims in federal district court in a single civil action?CorrectIncorrect