The February 2015 Bar Exam: Federal Civil Procedure Questions Analysis

Sign up for our Small Group One Day Workshop/Seminar for Federal Civil Procedure in Miami and in Naples, Florida at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Delivery’s truck driver, Matt, was killed when his vehicle collided with Sammy’s car. Sammy has filed a diversity action against Delivery in federal district court in New Mexico, seeking personal injury damages in the amount of $200,000. Sammy also joined Nexus Cars, the manufacturer of Sammy’s car, under a manufacturing defect theory, because Sammy’s brakes failed during the collision. Delivery’s truck was badly damaged in the accident, so Delivery filed a cross-claim against Nexus Cars. May Nexus Cars make a claim for contribution against Delivery in the same action?

A. No, contribution claims are premature until judgment in the underlying action. Thus, Nexus Cars cannot make a cross-claim against Delivery for contribution under Rule 13(g).
B. Yes, Delivery became an “opposing party” by claiming against Nexus Cars, making Nexus Cars’ contribution claims against Delivery a compulsory counterclaim.
C. Yes, Although Nexus Cars cannot make a counterclaim for contribution because its contribution claim is premature until judgment in the underlying action, Rule 13(g) expressly permits Nexus Cars to file a cross-claim against Delivery.
D. Yes, Nexus Cars can file a contribution claim against Delivery either as a counterclaim or a cross-claim because Nexus Cars’ contribution claim is mature.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

Contact us at http://barprofessors.com for more information.

Bar Professors provide private bar exam tutors for repeat takers who have difficulty with the MBE, MEE, UBE, Florida, California, and New York bar exams. You can find us at http://barprofessors.com, like us on facebook at BarProfessors, follow us on twitter @BarProfessors or email us at pass@barprofessors.com.

We can help you succeed!