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QUESTION 30 Albert's Appliances, LLC, sold a dishwasher to Barbara, who resides in Arkansas. Barbara ordered the dishwasher through the company website. Albert's Appliances, LLC,
QUESTION 30 Albert's Appliances, LLC, sold a dishwasher to Barbara, who resides in Arkansas. Barbara ordered the dishwasher through the company website. Albert's Appliances, LLC, delivered the dishwasher to Barbara's house. Albert's Appliances, LLC, is incorporated in Louisiana, and its principal place of business is located in Texas. After delivering the dishwasher, Albert's Appliances, LLC, mails Barbara an invoice in the amount of $3,000 Barbara refuses to pay Albert's Appliances, LLC, sues Barbara for the unpaid amount on the invoice. In response, Barbara files an answer denying the allegations against her, and also files a counterclam for damages to the inside of her house caused by Albert's Appliances, LLC, during the delivery (she alleges $1,500 in damages). Answer the following questions, and provide reasoning for each answer. 1) What state(s) did Albert's Appliances, LLC, likely file its lawsuit against Barbara? 2) When Albert's Appliances, LLC, filed its complaint, it had knowledge of Barbara's home address, however, in its last communication with Barbara over the phone, she was behaving erractic and would scream incoherently. Therefore, in order to avoid any conflict, Albert's Appliances, LLC, utilized an alternative means of service and published notice of the lawsuit in a newspaper having general circulation within the county in which Barbara resides. Did Albert's Appliances, LLC, obtain proper service of process? 3.) The parties conduct discovery. Albert's Appliances, LLC, sends Barbara several interrogatories for her to answer When she sends her answers back, it is revealed that there is no dispute over the facts of the plaintiff's complaint. Therefore, Albert's Appliances, LLC, files a motion for judgment on the pleadings. Barbara realizes that Albert's Appliances, LLC, never filed a reply to her counterclaim. Therefore, she files a motion for default judgment. What is the likely outcome of the plaintiff's motion and the defendant's motion?
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