Class 10 - 1-23-06 - Question # 6

Facts: Assume that the federal judge denies the entire defense motion presented in Question #1 of this examination. Donny's lawyer also made a motion, which timely attacked the complaint filed by Pamela's lawyer. The relevant portion of that complaint--which you will now analyze in Question #2--is set forth immediately below. (Do not refer to the facts of essay Question #1 to answer essay Question #2.)

US DISTRICT COURT FOR THE

CENTRAL DISTRICT OF NEW JERSEY

1. This is a case arising under Diversity Jurisdiction, 28 U.S.C. §1332.

2. Pamela is domiciled in New Jersey. She herein charges defendant Donny

with actionable conduct, in that his negligence proximately caused Pamela's

losses. Defendant Donny took advantage of the plaintiff, Pamela, because he

believed that he could use his expertise to entice her into buying a more

expensive car.

3. Based on the resulting harm at the Maryland gas station, Pamela is

entitled to general and special damages in an amount within the jurisdiction

of this court which will be proven at the time of trial.

On what grounds could Donny's lawyer reasonably attack Pamela's complaint,

which is set forth immediately above?

Assume that the judge denies all of the grounds (which you have just made) in Donny's motion attacking the above-quoted complaint. Donny's lawyer thus answers the complaint and timely sues GasCo, a New Jersey corporation whose principle place of business is in California. Gasco owned the Maryland gas station franchise, where Pamela's car burst into flames (as described above in essay Question #1).

What procedure would Donny use to bring Gasco into this suit?

Would the court have subject matter jurisdiction to hear the case against Gasco?

Should Donny's lawyer be sanctioned for frivolously attempting to bring Gasco into Pamela's law suit?