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MMLU / A consumer from State A filed a …

Problem

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question

A consumer from State A filed a $100,000 products liabilityaction in federal court against a manufacturer incorporatedand with its principal place of business in State B. The con-sumer claimed that a flaw in the manufacturer's product had resulted in severe injuries to the consumer. In its answer,the manufacturer asserted a third-party complaint againstthe product designer, also incorporated and with its principal place of business in State B. Believing that the consumer had sued the wrong defendant, the manufacturer claimed boththat the designer was solely responsible for the flaw that had led to the consumer's injuries and that the manufacturer was not at fault. 7.After being fired, a woman sued her former employer in federal court, alleging that her supervisor had discriminated against her on the basis of her sex. The woman's complaint included a lengthy description of what the supervisor had said and done over the years, quoting his telephone calls and emails to her and her own emails to the supervisor's manager asking for help. The designer is aware that the manufacturer did not follow all of the designer's specifications when making the product. Which of the following arguments is most likely to achieve the designer's goal of dismissal of the third-party complaint?

choices

  1. The court does not have subject-matter jurisdiction over the third-party complaint, because both the manufacturer and the designer are citizens of State B.
  2. The manufacturer failed to obtain the court's leave to file the third-party complaint.
  3. The manufacturer's failure to follow the designer's speci-fications caused the flaw that resulted in the consumer's injuries.
  4. The manufacturer's third-party complaint failed to state a proper third-party claim.

subject

professional_law

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