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All main topics / Law / Civil Law

Civil Procedure 1L (94 Cards)

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Clark v. Assoc. Commercial Corp.
Assoc. hired repo co. to take unpaid for tractor.  P sued Assoc., the loan co., b/c of broken leg and property damage that arose from the repo.  Assoc. impleaded the repo. co they had hired on indemnity.  P and repo co. (Clark) appealed.

H - this was appropriate, good trial package, derivative liability.
Tags: Impleader
Source:
37
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Augenti v. Cappellini v. Holy Spirit . . . (notes)
P was in a cult.  Parents hired deprogrammer, P sued deprogrammer for violating K'stal rights.  D wanted to implead the church, saying church and P had a conspiracy against him, etc.

H - no causal connection betw the claims.  The first claim was during the deprogramming, proposed impled claim was after the filing of the main lawsuit.  Would complicate the case.
Tags: Impleader
Source:
38
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Klotz v. Superior Electric Prod. v. Butz
P got trichinosis, sued pork cooker co.  Pork cooker co wanted to implead her school cafeteria, saying that she'd caught the trichinosis from school and not from cooking at home on their cooker.

H - not allowed - not derivative liability. 
Tags: Impleader
Source:
87
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Impleader - 3
Clark
Augenti
Klotz
Tags: Impleader
Source:
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Tags: Sherman, 2009
 
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All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Compulsory Counter (1)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Pre Trial Settlement (1)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
Topics (2)
TRO (2)
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