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X corporation (North Carolina) manufactures microwave ovens. It sells an oven to Juanita (Virginia), and then the oven explodes. Juanita sues X corporation for $90,000. X corporation impleads Y corporation (Virginia) under rule 14, which manufactured one of the components of the microwave. Juanita amends her complaint to add a claim against Y corporation for $90,000. Y corporation moves to dismiss Juanita's amended claim for lack of subject-matter jurisdiction. Which Supreme Court decision would a lower court apply here?A.GibbsB.Kroger

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Legal Concepts5Copyright © 2013 Pearson Education, Inc.28) Innocent misrepresentation is treated as a mutual mistake.

Hans and Yans had a contract to manufacture widgets. Yans alleged that Hans breached it. He then sued Hans in federal district court in North Carolina. Hans filed a 12(b)(2) motion to dismiss for lack of personal jurisdiction. Yans sought and received voluntary dismissal of his complaint and then went forum shopping. When Hans was flying over Alaska airspace, a process server served Hans process and Yans sued in Alaska federal district court. Hans then filed a 12(b)(6) motion to dismiss for failure to state a claim. Yans realized some flaws in his complaint and wants to dismiss without prejudice. Which of the following is true?A. Yans can file a notice of dismissal without prejudice because neither an answer nor a motion for summary judgment has been filed.B.Any notice of dismissal will be with prejudice.C.Even if Hans agrees to stipulate to dismissal, it will be with prejudice because Yans previously dismissed an action.

The statute of limitations for all claims is one year. On October 18, 2016, Paul failed to repair Susan's car as they agreed in a contract. Susan sued Paul for breach of contract on October 2, 2017. Susan failed to sue Richard, who under the contract, was jointly liable for any breach. Paul mentioned the lawsuit to Richard on November 15, 2017. On October 9, 2019, Susan sought to amend her complaint to add a claim against Richard for breaching a separate contract to repair her truck in March 2017. Which of the following is true?A.She will be unable to amend because she did not do so within 21 days.B.Because of her delay, a court will be prohibited from allowing her amended complaint against Richard to relate back to the date of the original complaint.C.The amendment will not relate back because the claim against Richard does not arise out of the same facts as the claim against Paul.D.She will be able to amend because there would be no prejudice to Paul.

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