A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corpora...
Citations: Fed. R. Civ. P. 12(b), Fed. R. Civ. P. 12(g), Fed. R. Civ. P. 12(h)
...sued a hotel corporation incorporated and headquartered in State B in federal court under diversity jurisdiction, seeking $400,000 for injuries suffered when a balcony railing collapsed. The hotel answered on March 1. On...
Citations: Fed. R. Civ. P. 14, Fed. R. Civ. P. 13, 28 U.S.C. 1367
During a federal civil trial over a warehouse collapse, the presiding judge mentions at a sidebar that she drove past the warehouse the morning after the storm and personally saw that one support column "looked freshly c...
Citations: Fed. R. Evid. 605, Fed. R. Evid. 606
A trademark owner sued a competitor in federal court and moved for a preliminary injunction barring use of a disputed logo during the case. The district court denied the preliminary injunction but set discovery and trial...
Citations: 28 U.S.C. 1292(a)(1)
A bakery sued a grocery chain in federal court for terminating a supply contract. The chain moved for summary judgment, relying on the contract, delivery logs, and a declaration from its purchasing manager stating from p...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Fed. R. Civ. P. 56(h)
A former employee sued a pharmaceutical company in federal court for trade-secret misappropriation and retaliation. Early in the case, the district court entered a preliminary injunction barring the employee from disclos...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
A passenger sued "Metro Bus Company" in federal court after a city bus struck her car. The complaint was filed two days before the limitations period expired and alleged negligent operation of bus route 42 on January 5...
Citations: Fed. R. Civ. P. 15, Fed. R. Civ. P. 16(b)(4), Fed. R. Civ. P. 4(m), Krupski v. Costa Crociere S.p.A.
A plaintiff in federal court alleges that a fall at the defendant's store caused permanent back injuries and seeks future medical expenses. The defendant wants an orthopedic surgeon to examine the plaintiff. The plaintif...
Citations: Fed. R. Civ. P. 35
A public-interest group sought records from a federal agency under a disclosure statute and lost after the court ruled that the records were exempt. Nia, a journalist who sometimes volunteers with the group, did not fund...
Citations: Taylor v. Sturgell
A restaurant customer sued a national restaurant chain in federal court after slipping on a wet floor. She seeks damages for a fractured ankle, continuing inability to work, anxiety attacks triggered by the fall, and fut...
Citations: Fed. R. Civ. P. 35, Fed. R. Civ. P. 45
A software developer sued a retailer in federal court for breach of a license agreement, seeking $900,000 in unpaid fees and an injunction barring further use of the software. The retailer counterclaimed for rescission b...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...was in State J for a weekend family wedding. Rosa removed the case to federal court in State J based on diversity. Her first Rule 12 motion sought dismissal only for improper venue and failure to state a claim. After los...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
USABarPrep Coach