1) P (NJ)
sues D (NY) in S.D.N.Y. Suit is under MD battery law concerning a brawl
between P, D and X in MD. Using Rule 14, D impleads X, on the grounds
that if D is liable to P, X will be liable to D because they were
acting as joint tortfeasors in the brawl X is served while in Greenwich
CT on a brief trip. PJ over X (assume no contacts between X and NY)?
2) P (NJ) sues D (NY) in S.D.N.Y. Suit is under MD battery law
concerning a brawl between P, D and X in MD. Using Rule 14, D impleads
X, on the grounds that if D is liable to P, X will be liable to D
because they were acting as joint tortfeasors in the brawl. X is
domiciled in Greenwich CT. X is served however in Hartford CT (more
than 100 miles from SDNY). PJ over X (assume no contacts between X and
NY)?
3) P (NJ) sues D (NY) in S.D.N.Y. Suit is under MD battery law
concerning a brawl between P and D in MD. Using Rule 14, D impleads X,
his insurance company. The X insurance company is incorporated in Cal.
and has its PPB in Cal. It does no business in CT. The CEO of the X
insurance co. is served while in Greenwich CT on a brief trip. PJ
over X (assume no
contacts between X and NY)?
4) P (NJ) sues D (NY) in S.D.N.Y. Suit is under MD battery law
concerning a brawl between P and D in MD. Using Rule 14, D impleads X,
his insurance company. The X insurance company is incorporated in Cal.
and has its PPB in Cal. It does substantial and continuous business in
CT however, although all of this business is in Hartford. The CEO of
the X insurance co. is served while in Greenwich CT on a brief trip. PJ
over X (assume no
contacts between X and NY)?
5) P (NJ) sues D (NY) in S.D.N.Y. Suit is under MD battery law
concerning a brawl between P and D in MD. Using Rule 14, D impleads X,
his insurance company. The X insurance company is incorporated in Cal.
and has its PPB in Cal. The insurance contract between D and X
was sent out from a small X office in Greenwich CT, subsequently
closed, to D while D was living in Wisconsin. The CEO of the X
insurance co. is served while in Greenwich CT on a brief trip. PJ
over X (assume no
contacts between X and NY)?
6) Same as 5, except, under CT law no PJ would be asserted over X if
the suit were brought in CT, because it would not fall under CT's
long-arm statute. PJ over X?
9) A brings suit in federal court in Virginia against B, a German domiciliary residing in Germany, for a battery that the German committed against him Delaware. The German has no other contacts with the United States. Is personal jurisdiction over B constitutionally allowed? Is it allowed under Fed. R. Civ. P. 4(k)?
10) Same question as 9, except A is suing B under federal law.
11)
Assume that Yasser
Arafat is sued under a federal antiterrorism act allowing for American
victims of foreign terrorism to sue for damages. The action is brought
in federal court in New York. Does the federal court ahve the power to
take the case under 4(k)?