Tuesday, December 23, 2008

Excercise 1, Basic

Serrano-Moran v. Grau-Gaztambide, No. 99-1513

Facts
Rufino Serrano-Rosado was beaten by four police officers and died in the hospital less than two weeks later. The victim's parents sued the police in federal court. They also sued Dr. Grau-Gaztambide and the hospital for malpractice resulting in death. The malpractice defendants argued that the cases should be tried separately. Plaintiffs argued that they must be tried together because the two defendants would simply blame one another for Serrano-Moran's death.

Questions
1. Should these cases be tried separately?

Holding
1. Yes

Reasoning
The facts relevant to the two cases are completely separate. Jurisdiction cannot be determined based on possible arguments the defense could make.

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