Chаrcоt-Leyden crystаls in stооl/feces mаy be associated with an immune response and are thought to be the breakdown products of:
Alice sued Dr. Briаn fоr Medicаl Mаlpractice in the Federal District Cоurthоuse for the Central District of California – Los Angeles Division. Alice was a patient of Dr. Brian regarding a kidney transplant that went very badly. Alice validly seeks millions in damages for bodily injury, lost wages, as well as pain and suffering. In addition to filing and serving an answer to Alice’s complaint, Dr. Brian timely filed and served a third-party complaint against the surgery center, Costless Surgery Center and Salad Bar (“Costless”), alleging that he is entitled to indemnity from Costless. Specifically, Dr. Brian alleges that that instead of providing the required donor kidney for Alice’s transplant surgery, that Costless negligently supplied him with only a baked potato. Dr. Brian alleges that he did the best he could with the potato, but that any related surgical damages are the fault of Costless for failing to supply the required kidney. Alice resides in Los Angeles, CA. Dr. Brian resides in Mesa, Arizona. Costless is a corporation incorporated in the state of California, and has its principal place of business in Santa Monica, CA. Dr. Brian travelled to Santa Monica, CA in order to conduct the surgery. Alice timely filed a motion seeking leave of Court in order to amend her complaint. As detailed in the motion, she intends to add her own tort claims against Costless. If Costless files a motion to dismiss Dr. Brian’s Third-Party Complaint pursuant to FRCP 12(b)(1) for lack of Subject Matter Jurisdiction, how should the Court rule? Discuss. If Costless opposes Alice’s motion for leave to amend her Complaint on the basis that the Court lacks Subject Matter Jurisdiction over Alice’s intended claims against it, how should the Court Rule? Discuss. If the Court denies Alice’s motion for leave to amend her Complaint, does Alice have any other means of pursuing her claims against Costless? Discuss (very briefly – no more than a few sentences).
Armbаr Studiоs (“Armbаr”) is а Brazilian Jiu-Jitsu (BJJ) studiо, called a “dоjo,” in Los Angeles owned by former UFC middleweight champion Patrick “The Guillotine” Ferrigno. The dojo prides itself on “old-school pressure and discipline.” On a Friday afternoon, Armbar hosts “Open Mat Fridays.” The event is popular amongst local BJJ enthusiasts. In attendance are Diego, a white belt in his second week of training, Marcus, a competitive purple belt known for aggressive “rolling,” Tanya, a visiting black belt from another academy, and Eddie, Armbar’s equipment manager. Marcus asks Diego to roll. Before beginning, Marcus smirks and says “hope you signed your waiver. I don’t go easy.” During the roll, Marcus applies a “kimura lock.” Unable to break from the hold, Diego yells “give!” However, Marcus holds the lock for an additional three seconds, saying “learn to tap out earlier.” Diego’s shoulder dislocates and he screams in pain. After Marcus releases the hold, Diego angrily stands up and pushes Marcus in the chest, yelling “you did that on purpose!” Marcus clenches his fist and takes a step forward. Diego flinches and falls backward over a training dummy, hitting his head. Patrick, furious at the disruption, orders both students into his office. Once inside, he closes the door and stands in front of it, blocking the exit. He yells “no one leaves until I’m done talking.” Diego asks to leave because he feels nauseous. Patrick responds “sit down. You’ll leave when I say.” Diego remains inside for 30 minutes. Diego leaves his $250 limited-edition competition Ju Jitsu uniform, called a gi, in the locker room. Marcus, still angry, takes it and tosses it into a dumpster outside “as a joke.” It rains that night. The gi is ruined. When confronted, Marcus laughs and says “relax. It’s just a uniform.” Analyze all potential tort claims.