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Damien has been sued by Peter for causing an auto collision and damage to Peter’s car. Damien believes that the reason for the collision was severe overgrowth

Civil Litigation – Final Exam
Fall 2023
30 Points

MATCHING. Match each of the following pleadings to the appropriate description below. Each answer should be used only once. (2 points each)

1. Damien has been sued by Peter for causing an auto collision and damage to Peter’s car. Damien believes that the reason for the collision was severe overgrowth of foliage on a city-owned median that didn’t allow him to see oncoming traffic before the collision occurred. Damien decided to file a pleading asserting that the city’s negligence caused the collision, at least in part, and seeking to make the city a party. What is Damien’s pleading called?


2. Clint sees that Phoebe filed a lawsuit against Drew. Clint believes that he has a stake in the outcome of Phoebe’s case, so Clint files a pleading to join Phoebe’s lawsuit. What is Clint’s pleading called?


3. Lawyer Priscilla sued her client, Dennis for unpaid legal fees. Dennis filed an answer. Two weeks later, Dennis filed a second pleading against Priscilla in which he alleged a malpractice claim against Priscilla and claimed monetary damages. What is Dennis’ second pleading called?


4. Star Insurance Company issued and insurance policy to John and Jane Doe while they were married in 2019. John and Jane initiated divorce proceedings in 2021. Both John and Jane made claims on the insurance policy in their pleadings in the divorce suit. Star Insurance filed a pleading with the court hearing the Doe’s divorce suit and deposited the full value of the insurance policy in the registry of the court. What is Star Insurance’s pleading called?


SHORT ANSWER. Answer each of the following questions in the space provided. Be sure to completely answer each question. (2 points each)

5. What is the scope of discovery in Texas?


6. What are the two types of motions for summary judgment available to a Defendant in Texas? What is the legal standard for each type of motion?


7. What material does the trade secret privilege protect in Texas? How can the trade secret privilege be overcome under Texas rules?


8. What discovery devices are available to a party in Texas for obtaining discovery from a non-party?


9. What is the difference between mediation and arbitration?


10. Glory recently submitted discovery responses to opposing counsel in a lawsuit governed by the Texas Rules of Civil Procedure. Specifically, Glory responded to opposing counsel’s Request for Production. The RFP included on request for all internal correspondence and memoranda sent or received by Glory’s client concerning the lawsuit. Glory responded to that request by asserting the work product privilege, but she has just realized that she accidentally included a privileged internal memo in the documents she produced with her answers.

What must Glory do in order to preserve her claim of the work product privilege, despite having accidentally disclosed the documents to opposing counsel?


11. Plaintiff Patrick, a Texas resident, sues Defendant Drive Lot, Inc., a local used car dealer, for breach of warranty on a vehicle that Patrick purchased from Drive Lot. A month after filing that lawsuit, Patrick decided to file a motion to join another Defendant, Dreyfus Auto Garage, a local mechanic’s garage, into the lawsuit. Patrick’s claim against Dreyfus is that Dreyfus filed an illegal mechanic’s lien on the car that Patrick bought from Drive Lot after performing work on the car that did not satisfy Patrick.

Should the court grant Patrick’s motion to join Dreyfus? Why or why not?


12. Penelope has an issue with her wireless service provider, AD&D. AD&D provides her internet and cellular service based on a contract that she signed with AD&D. The contract included a binding arbitration clause, which states that all disputes arising under the contract shall be decided via arbitration, rather than civil lawsuit.

Penelope wants to go to a Texas trial court to try to get out of the binding arbitration clause. What are the two ways she can attempt to void the arbitration clause’s application to her dispute with AD&D?


13. DeeAnn was fiddling with the radio dial in her van and accidentally blew through a red light controlling an intersection. As a result, she clipped the rear corner of Patricio’s beautiful, new sedan, causing damage to a taillight and other cosmetic body damage. The drivers stopped and exchanged insurance information, but Patricio found out after the fact that DeeAnn gave him false information. Patricio’s insurance company located DeeAnn and served her with a lawsuit, filed in Texas state court, to recover the costs of repairing Patricio’s car. DeeAnn was served in person at her home.

The deadline for DeeAnn to answer the lawsuit came and went, and she never filed anything with the court or made any appearance in court. Patricio’s insurance company wishes to move for a default judgment against DeeAnn.

What must the insurance company do in order to successfully move for a default judgment and recover the damages they are seeking?


ESSAY. Answer the following question in the space provided. Be sure to completely answer the questions posed. (4 points)

14. Your law firm has put out a public call for all individuals who believe they may have suffered negative health effects after taking a particular prescription drug, typically prescribed for anxiety and depression in adults. After hearing from 612 individuals, your firm would like to pursue a class action lawsuit. Across the 612 individuals, the following table represents the individuals’ chief medical complaints:

Chief Complaint Number of Individuals
Frequent Headaches 335
Exacerbated Depression 210
Permanent Vision Impairment 40
Blood Clot / Stroke 27

The following represents the age ranges of the 612 individuals:

Age in Years Number of Individuals
18 – 25 132
26 – 35 154
36 – 45 186
46 – 55 88
56 and older 52

Of the 612 individuals, 365 are women, and 247 are men.

Under Texas law, what must your firm prove in order to get the 612 individuals certified as a class? Is the class likely to be certified by a Texas court? Why or why not?


Damien has been sued by Peter for causing an auto collision and damage to Peter’s car. Damien believes that the reason for the collision was severe overgrowth
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