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algol [13]
3 years ago
14

Woonzie ufhuglhurlghuqcfhnughioa rniohunffioufreyguneghergvenoanvhuariovhuniesobgunvioerahnovuerio

Law
1 answer:
trasher [3.6K]3 years ago
5 0
True so so true i agree fr
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A defendant filed a complaint against a third-party defendant for contribution permitted under federal law for any environmental
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The correct option is (c); Yes, because the court took all well-pleaded facts in the complaint as true and resolved all doubts and inferences in the defendant's favor.

<h3>What is third-part defendant?</h3>

A third-party defendant is a person or entity that the primary defendant sues and adds to the case under the theory that they are accountable to the defendant for all or part of the plaintiff's claim.

For the given case:

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  • Answer option A is erroneous because the third-party defendant's move was a motion to dismiss for failure to state a claim on which relief can be given, not a petition to dismiss for lack of subject-matter jurisdiction. Furthermore, not withstanding the lack of diversity of citizenship, the court has subject-matter jurisdiction over the defendant's contribution complaint since it is based on federal law, even though it may raise the question of lack of subject-matter jurisdiction on its own.
  • B is the incorrect response option. The court may only take into account the claims in the complaint, any exhibits attached to the complaint, and any matters susceptible to judicial notice when deciding whether to grant a motion to dismiss for failure to establish a claim on which relief can be granted. (Remember that for a request for summary judgment, the court could take into account outside information like an affidavit.)
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To know more about jurisdiction and its types, here

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