Bar Exam (US) Civil Procedure: Question below is based on the following fact situation. Albert h...

Question

Question below is based on the following fact situation.

Albert had written a best-selling book called "The Trials and Tribulations of a First-Year Law Student." However, he began to suspect that the publisher, Beacon House, a Virginia corporation whose principal place of business is in that state, was not giving him an accurate accounting of his royalties. Albert invaded a meeting of the nine-member board of directors of Beacon House, where he found Don (a member of the board of directors and the president of Beacon House). When Albert verbally accused Don of cheating him by downscaling the number of Albert's books which had actually been sold, Don grabbed Albert by the shoulders and shouted, "Shut up, you idiot!" Albert then punched Don in the face and left. Albert went to the local newspaper (called "the Star ") and advised them that he had been cheated out of thousands of dollars by Don. The Star then printed a story reiterating Don's accusations, and warning writers of how easy it is for publishers to deprive them of an accurate accounting of royalties. The story mentioned that Don was the president of Beacon House. Albert is a citizen of Arizona, Don is a citizen of Massachusetts, and the Star is incorporated in New York and has its principal place of business in Arizona.

Assume that the Star was sued by Beacon House for defamation in the U.S. District Court in Arizona. The lawsuit alleged damages of $500,000. Which of the following statements is correct?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    The Star cannot successfully implead Albert, because they are citizens of the same state.
  2. B
    Correct Answer
    Albert can intervene as of right on the side of the Star .
  3. C
    Correct Answer
    The Star may implead Albert on the ground that he is solely liable to Beacon House.
  4. D
    Correct Answer
    The Star probably can implead Albert.
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