Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Question: A shop owner domiciled in State A sued a distributor in a federal district court in State A for breach of contract. The shop

Question: A shop owner domiciled in State A sued a distributor in a federal district court in State A for breach of contract. The shop owner sought $100,000 in damages for allegedly defective goods that the distributor had provided under the contract. The distributor is incorporated in State B, with its principal place of business in State C. The distributor brought in as a third-party defendant the wholesaler that had provided the goods to the distributor, alleging that the wholesaler had a duty to indemnify the distributor for any damages recovered by the shop owner. The wholesaler is incorporated in State B, with its principal place of business in State A.

The wholesaler has asserted a $60,000 counterclaim against the distributor for payment for the goods at issue, and the distributor has moved to dismiss the counterclaim for lack of subject-matter jurisdiction.

Should the motion to dismiss be granted?

Please explain why the 3rd party claim (the distributor against the wholesaler) has jurisdiction. Is it because of diversity or supplemental? Please elaborate with an easy to understand explanation.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Introduction To Business Law

Authors: Jeff Rey F. Beatty, Susan S. Samuelson

3rd Edition

978-0324826999, 0324826990

More Books

Students also viewed these Law questions

Question

Define what a creative brief is and how it is developed and used.

Answered: 1 week ago

Question

Build a TM that accepts all strings with more a ' s than b ' s .

Answered: 1 week ago

Question

Explain the steps involved in training programmes.

Answered: 1 week ago

Question

What are the need and importance of training ?

Answered: 1 week ago

Question

Establish common ground with your audience.

Answered: 1 week ago