Question
1.Discuss when a defendant can remove a case from state court to federal court. 2.Explain when and why a defendant may move for judgment as
1.Discuss when a defendant can remove a case from state court to federal court.
2.Explain when and why a defendant may move for judgment as a matter of law.
3. While driving his vehicle, Herb approaches a red stoplight but his brakes do not respond when he presses on the brake pedal. As a result, the front of Herb's car hits the rear of Clara's car. Clara's car, as a result of the impact, is pushed forward and hits the car in front of her which is owned by Toby.
Who can Toby sue and what claims can Herb and Clara file in response? Be sure to cite the Federal Rules of Civil Procedure.
4. Benny sued his doctor and the hospital for medical malpractice because his doctor failed to diagnose his lung cancer. If you represented the plaintiff, Benny, discuss in detail what tools of discovery you would use and why. Set forth the applicable Federal Rule of Civil Procedure that applies to each discovery tool. Set forth 3 specific substantive things or information that you would want to obtain and from whom. What would you do if the defendants failed to comply with your request? What Rule of Civil Procedure would apply?
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