Federal Procedure

Question 1

What is the test for finding out a Principal Place of Business?

Answer 1

It’s the nerve center test; the location from which the corporations highest-level officers direct, control, and coordinate the corporation’s activities

Question 2

How do choice of law provisions work in Virginia?

Answer 2

A choice of law provision in contracts for the sale of goods will be enforceable so long as the transaction bears a reasonable resemblance to the state chosen

Question 3

How does a federal court apply choice of law rules?

Answer 3

A federal court sitting in diversity will apply the choice of law rules of the state in which it is sitting

Question 4

Where is a corporation a citizen?

Answer 4

In ALL states it is incorporated in, and the ONE state it has a principal place of business

Question 5

What is complete diversity?

Answer 5

No plaintiff is from the same state as any defendant

Question 6

When should a court grant leave to amend a pleading?

Answer 6

Rule 15 provides that a court should freely grant leave to amend a pleading when justice so requires

(unless there is a reason not to such as undue prejudice, futility, undue delay, or bad faith)

Question 7

When should summary judgment be granted?

Answer 7

If the record shows no genuine issue of material fact such that the moving party is entitled to judgment as a matter of law

Question 8

How do you avoid failure to state a claim?

Answer 8

If the plaintiffs allegations are factually significant to support their claims

(Detailed facts supporting plausible claims)

Question 9

Can court order sanctions for Spoilation of Evidence?

Answer 9

Yes

If electronically stored information that should have been preserved in anticipation or conduct of litigation is lost because party failed to take reasonable steps to preserve it, and it cannot be restored or replaced, court can order sanctions

Question 10

What is required for personal jurisdiction in Virginia?

Answer 10

1. Have Grounds Under Long Arm Statute
   - transacting business
   -contracting to supply goods/ services
   -causing tortious injury
   -having an interest in, using, or possessing real property in VA
2. Doesn’t Violate Due Process
   -minimum contacts: sufficient minimum contacts with the state that they could reasonable anticipate being sued there

Question 11

Where is federal venue proper?

Answer 11

Either:
1. Where substantial events or a series of events giving rise to the claim arose
OR
2. Where any defendant resides