Yuna, suffered a personal injury while operating her tractor at home in California. She filed a negligence suit in federal court against the manufacturer, Jack Doe Tractor, Inc. Jack Doe Tractor is incorporated in Delaware with its principal place of business in Illinois. Yuna also sued the seller, Cali Equipment Inc, which is incorporated in California with its principal place of business in California. Yuna and Cali Equipment informally agreed to settle out of court, but the agreement was subject to approval by Cali Equipment$$s insurer. Before a final agreement was reached regarding settlement with Cali Equipment, Jack Doe filed a motion in federal court for dismissal for lack of subject matter jurisdiction.

Should the court grant the motion for dismissal based on lack of subject matter jurisdiction? Does the Federal Court have jurisdiction for this case?

If Cali settles with Yuna, and Yuna dismisses the case against Cali before the court decides on the motion. Should the court grant the motion for dismissal based on lack of subject matter jurisdiction?

Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's court$-$appointed lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing.

$2$a$.$ Identify any issues involving the actions of the police and judge. How should these issues be addressed by Sam$$s lawyer and how should they be resolved by a court?

$2$b$.$ What if Sam did not own the home that he was living in$,$ and in fact, the home had been abandoned before Sam broke in and established his growing operation? In what way, if any, does this change your answer to $2$a$?$

$3.$ In class, we discussed a hypothetical case involving a high school student who wore a t$-$shirt to a fair on a weekend that the principal found to be offensive, and the principal suspended the student. The class generally agreed that the student$$s first amendment rights were violated. If the facts were different such that the student wore the same t$-$shirt to his after$-$school job and his boss fired him, would he likely be successful in a lawsuit against his employer for wrongful termination and violation of his first amendment rights. Why or why not? The hypothetical case is included in the Power Point slides on Canvas

Joe$$s Bungalow is a restaurant in Lawrence, MA$,$ famous for their chicken barbeque sandwiches. Joe, the owner, has fired one of his employees for no apparent cause. The employee would like to sue Joe for wrongful dismissal. The employee lets you know that they signed an employment agreement with an arbitration clause that states that Joe$$s Bungalow will pay the arbitrator. Advise the employee on whether they are likely to succeed in the lawsuit and whether they will be required to go through arbitration.