Daily planet failed to respond to clarks summary judgment

Assignment Help Other Subject
Reference no: EM133683811

Question

Clark sued his employer, Daily Planet corporation, in the proper U.S. District Court in State X, claiming that (1) Perry (a Daily Planet editor) had defamed him by information the President of Daily Planet that Clark was an ineffectual employee, and that his statement was within the scope of Perry's employment at Daily Planet, and (2) Daily Planet owed Clark $5,000 in unused vacation pay. As a consequence of both harms, Clark claimed damages in the aggregate amount of $80,000. Daily Planet responded to Clark's complaint with an FRCP 12(b) motion to dismiss Clark's complaint on the grounds that Perry was an indispensable party and that subject matter jurisdiction was lacking since the two claims aggregated by Clark satisfy the "in excess of $75,000" requirement did not arise off of the same transaction or occurrence. The court could not obtain personal jurisdiction over Perry. Daily Planet's motion was denied. Daily Planet then filed an answer that admitted Perry's statement but denied that it was made within the scope of Perry's employment and asserted the affirmative defense of truth. Clark then filed a summary judgment motion, with his personal supporting affidavit describing facts that demonstrated that he had performed his job competently. Daily Planet failed to respond to Clark's summary judgment motion. Should Clark's motion for a summary judgment be granted? Explain.

Reference no: EM133683811

Questions Cloud

Magazine did minimal investigation prior to publishing story : Magazine did minimal investigation prior to publishing the story because they discovered the information close to a publication deadline,
Claims for negligent infliction of emotional distress : The action was brought in federal court in the state of Texas, which applies the "impact rule" to claims for negligent infliction of emotional distress.
Interpretation of the impact rule in texas law : The trial judge should not necessarily deny the motion to dismiss. The decision would depend on the interpretation of the "impact rule" in Texas law.
Potential for advanced monitoring technologies : Considering the potential for advanced monitoring technologies to inadvertently infringe on privacy rights or suppress legitimate expression
Daily planet failed to respond to clarks summary judgment : Daily Planet failed to respond to Clark's summary judgment motion. Should Clark's motion for a summary judgment be granted? Explain.
Carter properly commenced diversity action : Carter properly commenced a diversity action in the applicable U.S. District Court against Benton.
Discuss history of police community relation programs : Discuss the need for justice. Discuss Police Community Relations since the 1960s. Discuss the History of Police Community Relation Programs in the United States
Determine the severity levels for the state of texas : Provide the severity of the crime and the offender's parole prognosis. Determine the severity levels for the state of Texas.
Jack and chrissy are both citizens of pennsylvania : Jack and Chrissy are both citizens of Pennsylvania. Janet is a citizen of New Jersey. Can all of Jack and Chrissy's claims be joined together in a single action

Reviews

Write a Review

Other Subject Questions & Answers

  Cross-cultural opportunities and conflicts in canada

Short Paper on Cross-cultural Opportunities and Conflicts in Canada.

  Sociology theory questions

Sociology are very fundamental in nature. Role strain and role constraint speak about the duties and responsibilities of the roles of people in society or in a group. A short theory about Darwin and Moths is also answered.

  A book review on unfaithful angels

This review will help the reader understand the social work profession through different concepts giving the glimpse of why the social work profession might have drifted away from its original purpose of serving the poor.

  Disorder paper: schizophrenia

Schizophrenia does not really have just one single cause. It is a possibility that this disorder could be inherited but not all doctors are sure.

  Individual assignment: two models handout and rubric

Individual Assignment : Two Models Handout and Rubric,    This paper will allow you to understand and evaluate two vastly different organizational models and to effectively communicate their differences.

  Developing strategic intent for toyota

The following report includes the description about the organization, its strategies, industry analysis in which it operates and its position in the industry.

  Gasoline powered passenger vehicles

In this study, we examine how gasoline price volatility and income of the consumers impacts consumer's demand for gasoline.

  An aspect of poverty in canada

Economics thesis undergrad 4th year paper to write. it should be about 22 pages in length, literature review, economic analysis and then data or cost benefit analysis.

  Ngn customer satisfaction qos indicator for 3g services

The paper aims to highlight the global trends in countries and regions where 3G has already been introduced and propose an implementation plan to the telecom operators of developing countries.

  Prepare a power point presentation

Prepare the power point presentation for the case: Santa Fe Independent School District

  Information literacy is important in this environment

Information literacy is critically important in this contemporary environment

  Associative property of multiplication

Write a definition for associative property of multiplication.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd