Monday, November 23
On Monday, we'll continue to talk about third-party practice, and then turn to a more complicated scenario in Amco and then review of the Owen Equipment scenario, as we continue to introduce jurisdictional limitations into our analysis. Read Supplement pages 100-102, and Casebook pages 761-770.
As you read Amco Construction v. Mississippi State Building Commission, consider these questions:
● Carefully chart out (as I will in class) each of the claims and each of the parties (there are many). Which of these claims is still pending.
● Do the rules permit such a complicated line-up? Are there any jurisdictional issues? What are they? How are they to be analyzed?
● What does the court see as the core of operative facts for the central underlying claim? Imagine what would be the opposing argument. Although the court doesn't address it, even if there were supplemental jurisdiction, should the cross-claim between third-party defendants go to trial under the circumstances of this case? In other words, is there another route to reach the same conclusion as the court through different reasoning?
The material on Owen Equipment is just review for us, as we covered these concepts near the beginning of the semester.
Midterm Exam Grades and Review of Your Exam
The midterm exam grades are being released on Friday, October 23, at 10:30. Please see Bethany Mueller in the office suite near my office (Room 450) to retrieve your grade sheet. You will need your exam number to get your sheet.
You then may review your exam by coming to my office. While no appointment is necessary, please don't all come at once, as I can accommodate only three people at a time. I have the exams and score sheets in the corner of my office in numerical order by exam number. Please pull yours from the pile without showing it to me. I will check out to you one of three numbered copies of the model answer.
You must review the exam on the fourth floor and must return all things to me. Let me emphasize this: Everything Must Be Returned. You'll put your exam and score sheet back in the pile in numerical order and then check the model answer back in to me.
If you wish to review your exam further with Scott Swanson, please check it out and review it first. Put it back in the pile. Then make an appointment with Scott, who will come up to my office to retrieve your exam.
To preserve anonymity, be sure to direct any questions about the midterm that might reveal your exam or exam number to Scott Swanson, who can then pass it back to me.