Additional Background Facts for Questions $14-20$

Flint Motor Co$.$ sues Amelia Esterhazy for breach of contract, a claim governed by state law, in the United States District Court for the Eastern District of Michigan. The lawsuit alleges that Amelia Esterhazy breached the non$-$compete clause of her employment contract with Flint Motor Co$.$ by taking a position with one of Flint Motor Co$.\text{'}$s competitors. The employment contract was negotiated, drafted, and signed entirely in Buffalo. New York. The lawsuit seeks $$100,000$ in damages. The United States District Court for the Eastern District of Michigan issues an order transferring venue to the United States District Court for the Western District of New York.

Question $14$

$1$ pts

Whose choice of law rules should the United States District Court for the Western District of New York use to determine which state's contract rules will govern Flint Motor Co$.\text{'}$s breach of contract claim? $($Assume that the employment contract between Flint Motor Co$.$ and Amelia Esterhazy does not include a choice of law clause.$)$

A$.$ Federal choice of law rules.

B$.$ Michigan's choice of law rules.

C$.$ New York's choice of law rules.

D$.$ Ohio's choice of law rules.

E$.$ Pennsylvania's choice of law rules.

Question $15$

$1$ pts

Whose procedural rules should the United States District Court for the Western District of New York use to determine the number of jurors who will hear the case and whether their verdict needs to be unanimous?

A$.$ Federal procedural rules.

B$.$ Michigan's procedural rules.

C$.$ New York's procedural rules.

D$.$ Ohio's procedural rules.

E$.$ Pennsylvania's procedural rules.

Question $16$

$1$ pts

If the following five events were to occur during Flint Motor Co$.\text{'}$s lawsuit against Amelia Esterhazy, which of them would occur third?

A$.$ Filing the Complaint.

B$.$ Initial disclosures.

C$.$ Jury selection.

D$.$ Pretrial disclosures.

E$.$ Service of process.

Question $17$

$1$ pts

If the following five motions were made in Flint Motor Co$.\text{'}$s lawsuit against Amelia Esterhazy, which of them would be made third?

A$.$ A motion to dismiss for insufficient service of process.

B$.$ A motion to dismiss for lack of personal jurisdiction.

C$.$ A motion for judgment as a matter of law $($formerly known as a motion for a directed verdict$).$

D$.$ A motion for summary judgment.

E$.$ A renewed motion for judgment as a matter of law $($formerly known as a motion for judgment notwithstanding the verdict$).$

Question $18$

$1$ pts

If the following five events were to occur in the trial of Flint Motor Co$.\text{'}$s lawsuit against Amelia Esterhazy, which of them would occur third?

A$.$ Closing argurnents.

B$.$ Cross$-$examination of defendant's witnesses.

C$.$ Direct exarnination of plaintiff's witnesses.

D$.$ Jury selection.

E$.$ Opening statements.

Question $19$

$1$ pts

Shortly after the lawsuit is transferred to the United States District Court for the Western District of New York, Flint Motor Co$.$ files a motion for a preliminary injunction that would prohibit Amelia Esterhazy from disclosing Flint Motor Co$.\text{'}$s trade secrets to her new employer. The court grants that motion. Meanwhile, Amelia Esterhazy files a motjon for an order requiring Flint Motor Co$.$ to take her deposition via Zoom to protect her from exposure to the virus that causes COVID$-19.$ The court grants that motion as well. Which of these orders may be appealed immediately without obtaining prior approval from the judge who issued them?

A$.$ Neither order.

$q,$

Question $20$

$1$ pts

Flint Motor Co$.$s breach of contract lawsuit against Amelia Esterhazy proceeds all the way to trial. The jury finds that Amelia Esterhazy breached the non$-$compete clause of her employment contract with Flint Motor Co$.$ by taking a position with one of Flint Motor Co$.\text{'}$s competitors and awards Flint Motor Co$.$ $$100,000$ in damages. Flint Motor Co$.$ subsequently learns that Amelia Esterhazy has been sharing Flint Motor Co$.\text{'}$s trade secrets with her new employer since the day she began working for the new employer. Flint Motor Co$.$ files a second lawsuit against Amelia Esterhazy for misappropriation of trade secrets$,$ seeking $$500,000$ in damages. Amelia Esterhazy moves to dismiss based on res judicata and collateral estoppel. Which of the following statements best explains how the court should rule on that motion?

A$.$ The court should rule that the misappropriation of trade secrets claim is not precluded by res judicata and not precluded by collateral estoppel.

B$.$ The court should rule that the misappropriation of trade secrets claim is not precluded by collateral estoppel but is precluded by res judicata.

C$.$ The court should rule that the misappropriation of trade secrets claim is not precluded by res judicata but is precluded by collateral estoppel.

D$.$ The court should rule that the misappropriation of trade secrets claim is precluded by res judicata and precluded by collateral estoppel.