Back to Questions
Want to know:
Oda Nobunaga (California) and Toyotomi Hideyoshi (Oregon) got into a car accident while both were on their way to visit a museum exhibit about the Japanese civil wars in the 16th century. Nobunaga sued in Oregon federal court for $100,000. He served process by having a process server leave the complaint and summons at Hideyoshi's house with his wife. However, Oregon's rules permit only personal service by a non-party. As a result, Hideyoshi files a motion to dismiss for insufficient process, arguing that the federal court should apply Oregon's service rules.Working with a neighbor, decide how the court will rule here. If you think Erie does not clearly answer the question of what to do, formulate a test for how courts can decide what to do in circumstances like this.
Get a detailed, AI-powered explanation for this question and thousands more on StudyFetch.
Get the Answer for FreeHow StudyFetch Helps You Master This Topic
AI-Powered Answers
Get instant, detailed explanations powered by AI that understands your course material.
Deep Understanding
Go beyond surface-level answers with step-by-step breakdowns and examples.
Personalized Learning
Sparky adapts to your learning style and helps you connect ideas.
Practice & Test
Turn any question into flashcards, quizzes, and practice tests to solidify your knowledge.
Explore More Questions
- Legal Concepts45) ________ occurs when one contracting party informs the other that he or she will notperform his or her contractual duties when due.A) RestitutionB) RescissionC) Anticipatory repudiationD) Material breach
- John sues Y corporation for failure to warn that its computers had defective processors. He submits a request for documents asking the company to search the computers of 300 current scientists and computers and storage devices associated with 200 former scientists who worked at the company at one point. He has gotten to depose 20 scientists who have told him about the process of developing the processors, explained why the one in his computer didn't work, and talked about discussions of why the company refused to warn customers about the processor. However, he heard from a friend that there was an email sent at some point in the past 10 years where the company admitted to deliberately using cheaper silicon to save money. True or false, a court applying Tucker would deny John's motion to compel.
- Both trhe buyer and the seller can have an insurable interest in identical goods at the same time