FEATURE ARTICLE:
CAN FEDERAL COURT HEAR LOSS OF CONSORTIUM CLAIM FOR LESS THAN $50,000
IF PERSONAL INJURY CLAIM FROM WHICH IT DERIVES EXCEEDS THE FIGURE?
THE FILING SYSTEM
THE 120-DAY FILING PERIOD:
Plaintiff Relying on Defendant's Appearance
as Dispensing with Proof of Service Should File Copies of the Appearance
Papers
EFFECT OF BANKRUPTCY:
Filing Time Extended If D's Bankruptcy Intervenes
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GENERAL
PRACTICE
CROSS-MOTION TACTICS:
Problem of Trying to Coordinate Cross-Motion
Relief When Time Is Tight
SHERIFF'S DUTIES:
Can Sheriff Refuse to Accept an Execution Because
Judgment Creditor Has Not Identified Property of Judgment Debtor?
TOLLING FOR DEATH:
If P's Death Occurs During Limitations' Period
Only as Extended by Parties, There's No Toll for Death
WRONGFUL ATTACHMENT:
P, Accepting Benefits from D's Foreign Bankruptcy
and Then Attaching D's Property Here, Must Pay D Damages
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BACKLOG
ITEMS
UNAUTHORIZED CORPORATIONS:
Corporation Barred from Suing Here Because
It's Unlicensed May Demand Arbitration When Sued Here
ENFORCEMENT SUBPOENAS:
Failed Mail Service of Information Subpoena
Should Be Followed Up with Personal Service
RESTORING CASE TO CALENDAR:
Case Struck from Calendar Because of Settlement
That Then Doesn't Materialize Is Not Subject to One-Year Time Limit
FEDERAL
PRACTICE
SERVICE OF FEDERAL SUMMONS:
Service Is Okay According to State Law of Place
of Service, But Plaintiff Had Best Know That Law Thoroughly
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