3PD must assert any defense agains the third party plaintiff's claim under Rule 12. 14(a)(2)(B) Impleader: 3PDs Counterclaims Must assert any counterclaim agains the 3PP under Rule 13(a) (compulsory) May assert any counterclaim against the 3PD under Rule 13(b) (permissive) OR ...
Rule 12(b)(6) failure to state a claim upon which relief can be granted Motion for Summary Judgement (Rule 56) motion asking the court to grant summary judgement on at least one claim must show no genuine issue of material fact, (opposing party loses even if facts r true) ...
After class, Allie Maples mention a scenario in which the Mottleys could have gotten into federal court in a way that satisfied the well pleaded complaint rule, by suing the United States under the Fifth Amendment. The last time this very creative idea was brought up was four years ago, so...
Palaces (and their modern equivalents) are designed to do three things: to provide the ruler with access to the people and communications necessary to rule, to defend the leader from attack, and to impress upon subjects and foreign visitors the leader's importance and grandeur.]=]; Strategy=...
B. Preparedness and Stack Composition (pre-Construction) Make sure you are in good war-waging civics. Hereditary Rule (or Police State, if you built the Pyramids), Vassalage, Slavery, and Theology will all be useful. Slavery is practically mandatory for this strategy. ...
If a Rule 12(b)(6) motion is granted in a case, should the plaintiff have the opportunity to replead and submit an amended complaint? Permission to amend in such circumstances is typically granted. However, a plaintiff requesting to amend the complaint a second time could be denied by the...
(i) satisfies B ^(ii) party received constructive notice of action(iii) knew or should have known that the action would have been brought against it, but for a mistake 2-5 Must be raised or be waived if Rule 12 motion is filed (2) lack of personal jurisdiction; (3) improper venue;...
Minimum Contacts Rule Due process requires only that in order to subject a defendant to a judgement in person, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair...
This rule is waived if the plaintiff has acted in BAD FAITH to prevent removal.Source: 28 USC 1446(b)-(c) In the context of removal, what is a remand? Occurs when a federal court sends a removed case BACK TO THE STATE COURT from which it came. Can be based on lack of federal ...
Interpleader is either rule interpleader, authorized by the federal rules of civil procedure, or statutory interpleader Example: B dies leaving a life insurance policy, the proceeds of which are claimed by his wife, ex-wife, and two children. the insurance company is the stakeholder. As a neutr...